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COMPLIMENTS  OF 

V.   O.   GILBERT 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


COMMON  SCHOOL  LAWS 
OF  KENTUCKY 


1916 


This  edition  of  the  School  Law  was  compiled 
by  Mr.  A.  L.  Gilbert,  who  looks  after  all  legal  ques- 
tions connected  with  the  Department  of  Education. 


Compiled  in  Accordance  With  Sections 

35  and  37  of  the  Common 

School  Laws 


BY 

V.  0,  GILBERT 

Superintendent  of  Public  Instruction 


Vol.  9.  No.  4. 


- 


^n 


THE  STATE  JOURNAL  COMPANY 

Printers  to  the  Commonwealth 

Frankfort,    Kentucky. 


CONTENTS. 


Chapter.  Page. 

I.     Constitutional  Provisions  1 

II.     General  Provisions  4 

III.  School  Fund  6 

IV.  State  Board  of  Education  10 

V.     Superintendent  of  Public  Instruction  11 

VI.     County  Superintendent  17 

VII.     County  Board  of  Examiners 30 

VIII.     Districts  32 

IX.     District  Trustees 38 

X.     District  Taxation 56 

XI.  Graded  Common  Schools — 

a.  Districts 61 

b.  Trustees   67 

c.  Taxation 73 

XII.     Teachers 80 

XIII.  Teachers'  Institute  89 

XIV.  County  and  District  Libraries 93 

XV.     Colored  Schools  95 

XVI.     County  High  Schools  97 

XVII.  Compulsory  Education  or  Compulsory  Attendance  Law  100 

XVIII.     Local  Schools— Acts  Affecting 102 

XIX.     Seminaries  103 

XX.     School  Suffrage  for  Women 104 

XXI.    Building  School  Commission 105 

XXII.    State  Normal  Schools 109 

XXIII.  State  Normal  Schools  for  Colored  Persons 124 

XXIV.  University  of  Kentucky .'..  129 

XXV.     Illiteracy  Commission 146 

XXVI.     School  Text  Book  Law 149 

XXVII.     Child  Labor  Law 158 

XXVIII.     Public  Schools  in  Cities  of  the  First  Class 167 

XXIX.     Parental  Home  and  School  Commission '. 187 

XXX.     Public  Schools  in  Cities  of  the  Second  Class 189 

XXXI.     Public  Schools  in  Cities  of  the  Third  Class 213 

XXXII.     Public  Schools  in  Cities  of  the  Fourth  Class 218 

XXXIII.  Compulsory     Attendance — First,     Second,     Third     and 

Fourth  Class  Cities....  ..  232 


341801 


PREFACE 


This  Bulletin  is  a  codification  of  all  the  school  laws  of  the  State 
to  date,  including  the  decisions  of  the  Court  of  Appeals  and  the  rulings 
of  the  Attorney  General.  We  hope  and  believe  that  this  arrangement 
and  organization  will  materially  aid  in  their  better  understanding  and 
application. 

This  bulletin  represents  much  painstaking  labor  of  the  Depart- 
ment and  a  very  thoughtful  consideration  by  the  late  General  Assem- 
bly. We  hope  to  have  not  only  a  careful  study  of  this  bulletin  by 
school  authorities,  but  also  by  the  general  public. 

Sections  marked  with  star  (*)  have  been  rewritten  in  this  codifi- 
cation of  school  laws. 

It  is  the  duty  of  every  school  officer,  receiving  a  copy  of  this 
Law,  to  preserve  it  carefully  and  transmit  it  to  his  successor  in  office. 

V.  O.  GILBERT, 

State  Superintendent. 


EDUCATIONAL  PROVISIONS  OF  THE  KENTUCKY 
CONSTITUTION 


CHAPTER  I. 


§  183.  Common  Schools  to  be  Provided  For. — The  General  As- 
sembly shall,  by  appropriate  legislation,  provide  for  an  efficient  sys- 
tem of  common  schools  throughout  the  State.  (See  Sec.  4363,  Ky. 
Stat.) 

§  184.  Fund  Set  Apart  for  Common  Schools — Taxation  for  A.  & 
M.  College. — The  bond  of  the  Commonwealth,  issued  in  favor  of  the 
Board  of  Education,  for  the  sum  of  one  million  three  hundred  and 
twenty-seven  thousand  dollars,  shall  constitute  one  bond  of  the  Com- 
monwealth in  favor  of  the  Board  of  Education,  and  this  bond  and  the 
seventy-three  thousand  five  hundred  dollars  of  the  stock  in  the  Bank 
of  Kentucky  (now  seventy-nine  thousand  eight  hundred),  held  by  the 
Board  of  Education,  and  its  proceeds,  shall  be  held  inviolate  for  the 
purpose  of  sustaining  the  system  of  the  common  schools.  The  inter- 
ests and  dividends  of  said  fund,  together  with  any  sum  which  may 
be  produced  by  taxation  or  otherwise  for  the  purposes  of  common 
school  education,  shall  be  appropriated  to  the  common  schools  and 
to  no  other  purpose.  No  sum  shall  be  raised  or  collected  for  educa- 
tion other  than  in  common  schools  until  the  question  of  taxation  is 
submitted  to  the  legal  voters,  and  the  majority  of  the  votes  cast  at 
said  election  shall  be  in  favor  of  such  taxation:  Provided,  The  tax 
now  imposed  for  educational  purposes,  and  for  the  endowment  and 
maintenance  of  the  Agricultural  and  Mechanical  College,  shall  remain 
until  changed  by  law.  (See  Sec.  4370,  Ky.  Stat.) 

DECISIONS  OP  THE  COURT  OF  APPEALS. 

A  graded  school  district  is  at  least  a  quasi  public  corpo- 
ration, and  the  constitutional  inhibition  against  the  impair- 
ment of  contracts,  does  not  apply  to  rights  obtained  through 
the  charter  of  such  corporations. 

An  additional  tax  can  not  be  imposed  under  section  1S4 
of  the  Constitution  except  by  a  vote  of  the  people.— Larue  v. 
Redmon,  etc.,  168  Ky.,  487. 

§  185.  Common  School  Funds — Investment — Interest  on.— The 
General  Assembly  shall  make  provision,  by  law,  for  the  payment  of 
the  interest  of  said  school  fund,  and  may  provide  for  the  sale  o'f  the 
stock  in  the  Bank  of  Kentucky;  and  in  case  of  a  sale  of  all  or  any 


KENTUCKY  SCHOOL  LAWS  1916. 


part  of  said;  8tju«^f;  Uie  proceeds  of  sale  shall  be  invested  by  the  Sink- 
ing F'urid  'ComniissionerY  i'n  other  good  interest-bearing  stocks  or 
bonds,  which  shall  be  subject  to  sale  and  re-investment,  from  time 
to  time,  in  like  manner  with  the  same  restrictions  as  provided  with 
reference  to  the  sale  of  the  said  stock  in  the  Bank  of  Kentucky.  (See 
Sec.  4370,  Ky.  Stat.) 

§  186.  Distribution  of  Fund — Surplus  Due  Counties. — Each  county 
in  the  Commonwealth  shall  be  entitled  to  its  proportion  of  the  school 
fund  on  its  census  of  pupil  children  for  each  school  year;  if  the  pro- 
rata  yhare  of  any  school  district  be  not  called  for  after  the  second 
school  year,  it  shall  be  covered  into  the  treasury  and  be  placed  to 
the  credit  of  the  school  fund  for  general  apportionment  the  follow- 
ing school  year.  The  surplus  now  due  the  several  counties  shall  re- 
main a  perpetual  obligation  against  the  Commonwealth  for  the  benefit 
of  said  respective  counties  for  which  the  Commonwealth  shall  ex- 
ecute its  bond,  bearing  interest  at  the  rate  of  six  per  centum  per 
annum,  payable  annually,  to  the  counties  respectively  entitled  to  the 
same,  and  in  the  proportion  to  which  they  are  entitled,  to  be  used 
exclusively  in  aid  of  common  schools.  (See  Sec.  4375,  Ky.  Stat.) 

§  187.  Each  Race  to  Share  Fund  Equally — Separate  Schools. — In 
distributing  the  school  fund  no  distinction  shall  be  made  on  account 
of  race  or  color  and  separate  schools  for  white  and  colored  children 
shall  be  maintained. 

§  188.  School  Fund — Money  Received  From  United  States,  Part 
of. — So  much  of  any  moneys  as  may  be  received  by  the  Commonwealth 
from  the  United  States  under  the  recent  act  of  Congress  refunding 
the  direct  tax  shall  become  a  part  of  the  school  fund  and  be  held  as 
provided  in  section  184;  but  the  General  Assembly  may  authorize  the 
use  by  the  Commonwealth  of  the  moneys  so  received  or  any  part 
thereof,  in  which  event  a  bond  shall  be  executed  to  the  Board  of 
Education  for  the  amount  so  used,  which  bond  shall  be  held  on  the 
same  terms  and  conditions  and  subject  to  the  provisions  of  section 
184,  concerning  the  bond  therein  referred  to.  (See  Sec.  4370,  Ky. 
Stat.) 

§  189.  Appropriation  for  Sectarian  Purposes  Forbidden. — No  por- 
tion of  any  fund  or  tax  now  existing,  or  that  may  hereafter  be  raised 
or  levied  for  educational  purposes,  shall  be  appropriated  to,  or  used 
by,  or  in  aid  of,  any  church,  sectarian  or  denominational  school.  (See 
further,  Con.,  Sec.  5.) 

§  155.  School  Elections — Exceptions  in  Favor  of. — The  provisions 
of  sections  145  to  154,  inclusive  (which  require  a  secret  ballot  in  all 
elections,  etc.),  shall  not  apply  to  the  election  of  school  trustees  and 
other  common  school  district  elections.  Said  elections  shall  be  reg- 
ulated by  the  General  Assembly,  except  as  otherwise  provided  in  the 
Constitution.  (See  Sees.  4434,  4458,  Ky.  Stat.) 

§  157.  Municipal  Tax  Rate — Indebtedness— Submission  to  Voters. 
— The  tax  rate  of  cities,  towns,  counties,  taxing  districts  and  other 


CONSTITUTION.  3 

municipalities,  for  other  than  school  purposes,  shall  not,  at  any  time, 
exceed  the  following  rates  upon  the  value  of  the  taxable  property 
therein,  viz:  For  all  towns  or  cities  having  a  population  of  fifteen 
thousand  or  more,  one  dollar  and  fifty  cents  on  the  hundred  dollars; 
for  all  towns  or  cities  having  less  than  fifteen  thousand  and  not  less 
than  ten  thousand,  one  dollar  on  the  hundred  dollars;  for  all  towns  or 
cities  having  less  than  ten  thousand,  seventy-five  cents  on  the  hun- 
dred dollars,  and  for  counties  and  taxing  districts  fifty  cents  on  the 
hundred  dollars;  unless  it  should  be  necessary  to  enable  such  city, 
town,  county  or  taxing  district  to  pay  the  interest  on,  and  provide  a 
sinking  fund  for  the  extinction  of,  indebtedness  contracted  before  the 
adoption  of  this  Constitution.  No  county,  city,  town,  taxing  district, 
or  other  municipality  shall  be  authorized  or  permitted  to  become  in- 
debted, in  any  manner  or  for  any  purpose,  to  an  amount  exceeding,  in- 
any  year,  the  income  and  revenue  provided  for  such  year,  without  the 
assent  of  two-thirds  of  the  voters  thereof,  voting  at  an  election  to 
be  held  for  that  purpose;  and  any  indebtedness  contracted  in  viola- 
tion of  this  section  shall  be  void.  Nor  shall  such  contract  be  en- 
forceable by  the  person  with  whom  made;  nor  shall  such  municipality 
ever  be  authorized  to  assume  the  same.  (See  notes  Sec.  136,  157,  160.) 

BILL  OF  RIGHTS. 

§  5.  Freedom  of  Conscience — Church  and  State — Education. — No 
preference  shall  ever  be  given  by  law  to  any  religious  sect,  society 
or  denomination;  nor  to  any  particular  creed,  mode  of  worship  or 
system  of  ecclesiastical  polity;  nor  shall  any  person  be  compelled  to 
attend  any  place  of  worship,  to  contribute  to  the  erection  or  mainte* 
nance  of  any  such  place,  or  to  the  salary  or  support  of  any  minister 
of  religion;  nor  shall  any  man  be  compelled  to  send  his  child  to  any 
school  to  which  he  may  be  conscientiously  opposed;  and  the  civil 
rights,  privileges  or  capacities  of  no  person  shall  be  taken  away,  or 
in  anywise  diminished  or  enlarged  on  account  of  his  belief  or  dis- 
belief of  any  religious  tenet,  dogma  or  teaching.  No  human  author- 
ity shall,  in  any  case  whatever,  control  or  interfere  with  the  rights 
of  conscience.  (See  further,  Sec.  189,  Con.) 

LOCAL  AND  SPECIAL  LEGISLATION. 

§  59.  Limitations  Upon. — The  General  Assembly  shall  not  pass 
local  or  special  acts  concerning  any  of  the  following  subjects,  or  for 
any  of  the  following  purposes,  namely: 

Sub.  Sec.  25.  Common  Schools. — To  provide  for  the  management 
of  common  schools.  (See  Chap.  113,  Ky.  Stat.) 


KENTUCKY  SCHOOL  LAWS  1916. 

CHAPTER  II. 


GENERAL  PROVISIONS. 

§  1.  (§  43G3  Ky.  St.)  Uniform  System  to  be  Maintained.— There 
shall  be  maintained  throughout  the  State  of  Kentucky  a  uniform  sys- 
tem of  common  schools  in  accordance  with  the  Constitution  of  the 
State  and  this  chapter. 

§  2.  (§  4364*  Ky.  St.)  Common  School  Defined— Any  Child  May 
Attend. — No  school  shall  be  deemed  a  "common  school,"  within  the 
meaning  of  this  chapter,  or  be  entitled  to  any  contribution  out  of  the 
school  fund,  unless  the  same  has  been,  pursuant  hereto,  actually  kept, 
or  is  under  contract  to  be  kept,  by  a  qualified  teacher  for  six  or  more 
months  in  all  subdistricts,  during  the  same  school  year,  and  at  which 
every  child  residing  in  the  district,  between  the  ages  of  six  and  twenty 
years,  has  had  the  privilege  of  attending,  whether  contributing  towards 
defraying  the  expense  or  not:  Provided,  That  nothing  herein  shall  pre- 
vent any  person  from  attending  the  common  school  who  will  obtain 
the  consent  of  the  trustees  and  the  teachers  and  pay  the  required  tui- 
tion fees.  (See  notes  Sec.  94.) 

OFINION  OP   THE   ATTORNEY   GENERAL 

If  a  child  is  between  the  ages  of  six  and  twenty  and  a 
resident  of  the  school  district,  he  then  possesses  the  right  to 
attend  the  common  school  in  that  district  without  regard  to 
the  question  as  to  whether  or  not  lie  was  listed  or  could  have 
been  listed  on  the  preceding  first  day  of  April. 

§  3.  (§  4365  Ky.  St.)  School  Year.— The  school  year  shall  begin 
on  the  first  day  of  July  and  end  on  the  thirtieth  of  June. 

§  4.  (§  4366  Ky.  St.)  School  Month— School  Day— Assistant 
Teacher. — Twenty  school  days,  or  days  in  which  teachers  are  actually 
employed  in  the  school  room,  shall  constitute  a  school  month  in  the 
common  schools  of  the  State;  but  no  teacher  shall  teach  on  Saturdays. 
Teachers  shall  have  the  benefit  of  only  such  legal  holidays  as  they 
actually  observe.  Six  hours  of  actual  work  in  the  school  room  shall 
constitute  a  school  day;  and,  under  no  circumstances,  shall  the  daily 
session,  including  recesses  and  intermissions,  exceed  nine  hours  in 
length.  When  the  attendance  exceeds  fifty,  the  teacher  may  employ 
during  such  attendance,  an  assistant,  whose  scholarship  and  compe- 
tency shall  be  acceptable  to  the  division  board  of  his  educational  di- 
vision. When  the  school  shall  require  an  assistant  to  serve  regularly 
at  a  s'alary,  such  assistant  shall  hold  a  certificate  of  qualification,  and 
be  employed  by  the  division  board  of  his  educational  division.  (See 
notes  to  Sec.  186.) 

§  5.  (§  4367  Ky.  St.)  Pupils  to  Comply  With  Regulations— Sus- 
pension or  Expulsion. — All  pupils  who  may  be  admitted  to  common 
schools  shall  comply  with  the  regulations  established  in  pursuance  of 
law  for  the  government  of  such  schools.  Willful  disobedience  or  de- 


GENERAL  PROVISIONS.  5 

fiance  of  the  authority  of  the  teachers,  habitual  profanity  or  vulgarity, 
or  other  gross  violation  of  propriety  or  law,  shall  constitute  good 
cause  for  suspension  or  expulsion  from  school.  (See  Sec.  119.) 

§  6.  (§  4368  Ky.  St.)  Sectarian,  Infidel,  or  Immoral  Books  or 
Teaching  Prohibited. — No  books  or  other  publications  of  a  sectarian, 
infidel,  or  immoral  character,  shall  be  used  or  distributed  in  any  com- 
mon school,  nor  shall  any  sectarian,  infidel  or  immoral  doctrine  be 
taught  therein.  (Graded  Schools,  see  Sec.  205.) 

DECISION  OF   THE   COURT   OP  APPEALS. 

A  graded  school,  maintained  by  the  State  by  taxation,  in 
opening1  school  every  morning"  the  following"  prayer  was  of- 
fered: "Our  Father,  who  art  in  Heaven,  we  ask  Thy  aid  in  our 
day's  work.  Be  with  us  in  all  we  do  and  say.  Give  us  wis- 
dom and  strength  and  patience  to  teach  these  children  as  they 
should  be  taug-ht.  May  teacher  and  pupil  have  mutual  love 
and  respect.  Watch  over  these  children,  both  in  the  school 
room  and  on  the  play  ground.  Keep  them  from  being-  hurt  in 
any  way,  and  at  last,  when  we  come  to  die,  may  none  of  our 
number  be  missing-  around  Thy  throne.  These  things  we  ask 
for  Christ's  sake.  Amen."  Held,  that  such  prayer  is  not 
"sectarian,"  either  in  form  or  substances  within  the  meaning- 
of  Sections  5  or  189  Constitution,  or  of  this  section.  The 
reading-  of  the  Bible  in  school  without  note  or  comment  is 
not  sectarian  instruction. 

The  Bible  is  not  a  sectarian  book.— Hacket  v.  Brooksville, 
etc.,  120  Ky.,  608. 

§  7.  (§  4369  Ky.  St.)  Certificate  Granted  to  Pupil  Who  Com- 
pletes Course — Examination  For. — Whenever  a  pupil  of  any  common 
school  shall  have  faithfully  completed  the  prescribed  course  of  study, 
shall  have  passed  a  proper  examination  before  the  County  Board  of 
Examiners,  on  a  series  of  questions  prescribed  by  the  State  Board  of 
Examiners,  and  paid  to  the  said  county  board  an  examination  fee  of 
one  dollar,  he  shall  be  entitled  to  a  certificate  of  such  completion  and 
examination,  signed  by  said  county  board,  and  approved  by  the  Su- 
perintendent of  Public  Instruction,  who  shall  affix  thereto  his  official 
seal.  The  Superintendent  of  Public  Instruction  shall  prepare  a  proper 
form  for  said  certificate.  One  such  examination  shall  be  held  in  each 
county  on  the  last  Friday  and  Saturday  in  January,  and  another  on  the 
second  Frilay  and  Saturday  in  May  of  each  year. 

§  8.  (§  4369a  Ky.  St.)  School  Houses  to  be  Used  for  Public  Gath- 
erings.— When  a  responsible  person  of  any  subdistrict  may  apply  to 
any  subdistrict  trustee  for  the  use  of  a  school  house,  to  be  used  when 
the  school  is  not  in  session,  during  school  hours  or  vacations,  by  any 
lawful  assembly  of  educational,  religious,  agricultural,  political,  civic 
or  social  bodies,  organizations  or  gatherings,  and  if  said  subdistrict 
trustee  refuse  the  use  of  the  same,  then  the  said  trustee  shall  state 
his  cause  for  refusal  in  writing,  and  if  a  demand,  signed  by  five  free- 
holders of  said  subdistrict,  be  presented  to  said  subdistrict  trustee, 
then  he  shall  deliver  or  cause  to  be  delivered,  the  keys  of  said  school 
house,  to  such  freeholder,  who  shall  be  responsible  for  the  use  and 
care  of  said  school  property  and  of  avoidable  damages  and  the  return 
of  the  key  to  the  teacher  of  said  district,  if  school  be  in  term  session, 
or  to  the  subdistrict  trustee  during  vacations. 


6  KENTUCKY  SCHOOL  LAWS  1916. 

CHAPTER  III. 

SCHOOL  FUND. 

§  9.  (§  4370  Ky.  St.)  What  Constitute— Dividend  on  Bank  Stock 
— Annual  Tax — Fines  and  Forfeitures. — The  school  fund  shall  consist 
of  the  fund  dedicated  by  the  Constitution  and  laws  of  this  Common- 
wealth for  the  purpose  of  sustaining  a  system  of  common  schools 
therein:  (1)  The  interest  on  the  bond  of  the  Commonwealth  for  one 
million  three  hundred  and  twenty-seven  thousand  dollars  ($1,327,000.00) 
in  aid  of  common  schools,  at  the  rate  of  6  per  cent,  per  annum,  payable 
semi-annually  on  the  first  day  of  January  and  July  of  each  year. 
(2)  The  dividends  on  seven  hundred  and  thirty-five  (now  seven  hun- 
dred fcnd  ninety-eight)  shares  of  the  capital  stock  of  the  Bank  of  Ken- 
tucky, representing  a  par  value  of  seventy-three  thousand  five  hundred 
dollars  (now  seventy-nine  thousand  eight  hundred)  owned  by  the 
State.  (3)  The  surplus,  three  hundred  and  eighty-one  thousand  nine 
hundred  and  eighty-six  dollars  and  eight  cents  ($381,986.08),  now 
due  the  several  counties,  and  remaining  a  perpetual  obligation  against 
the  Commonwealth  for  the  benefit  of  said  respective  counties,  for 
which  the  Commonwealth  shall  execute  its  bond,  bearing  interest 
at  the  rate  of  6  per  cent,  per  annum,  payable  annually  on  the  first 
day  of  July  to  the  counties  respectively  entitled  to  the  same,  and  in 
the  proportion  to  which  they  are  entitled,  to  be  used  exclusively  in 
aid  of  common  schools.  Said  bond  shall  be  executed  by  the  Governor 
and  attested  by  the  Secretary  of  State  for,  and  on  behalf  of  the  Com- 
monwealth of  Kentucky,  and  when  said  bond  is  executed  the  old  bond 
for  three  hundred  and  seventy-eight  thousand  nine  hundred  and 
forty-six  dollars  and  seventy-one  cents,  being  part  of  said  bond,  shall 
be  cancelled  and  destroyed.  (4)  The  interest  at  6  per  cent,  per 
annum,  payable  semi-annually,  on  the  first  day  of  January  and  July, 
on  six  hundred  and  six  thousand  six  hundred  and  forty- one  dollars 
and  three  cents  ($606,641.03),  received  from  the  United  States  under 
an  act  approved  March  2,  1891,  for  which  the  Commonwealth  has 
executed  bond  pursuant  to  an  act  approved  March  12,  1892.  (5)  The 
annual  tax  of  twenty-six  cents  on  each  one  hundred  dollars  of  value 
of  all  real  and  personal  estate  and  corporate  franchises  directed  to 
be  assessed  for  taxation.  (6)  Such  portions  of  fines,  forfeitures  and 
licenses  which  may  be  realized  by  the  State  as  the  amount  of  taxes 
for  common  school  purposes  bear  to  the  whole  State  tax  other  than 
for  the  benefit  of  the  Agricultural  and  Mechanical  College.  (See  Sec. 
104.) 


SCHOOL  FUND.  7 

DECISION  OP  THE  COURT  OP  APPEALS. 

Taxes  on  foreign  insurance  companies'  premiums  are  not 
part  of  tin-  __  cents  (now  I'd  cents)  on  each  $100.00  valuation  of 
properly  as  is  provided  in  this  section,  nor  is  it  a  fine,  for- 
feiture or  license.—  Fuqua,  etc.  v.  Hager,  etc.,  119  Ky.,  407. 

§  10.  (§  4371  Ky.  St.)  Common  School  Fund  Shall  Not  be  Used 
For  Any  Other  Purpose. — The  foregoing  shall  constitute  the  annual 
resources  of  the  school  fund  of  Kentucky,  and  shall  be  paid  into  the 
Treasury,  and  shall  not  be  drawn  out  or  appropriated,  except  to  pay 
the  expenses  of  the  State  Department  of  Education  of  whatever  char- 
acter or  kind,  and  in  aid  of  common  schools,  as  provided  in  this 
chapter. 

DECISION  OP  THE   COURT   OP  APPEALS. 

The  Constitution  does  not  limit  the  use  of  the  common 
school  fund  to  the  payment  of  teachers  of  the  common  school, 
and  the  legislature  has  a  right  to  enact  section  ten  and  pro- 
vide that  the  expenses  of  the  Department  of  Education  of 
whatever  character  or  kind  shall  be  paid  out  of  that  fund. 
—Superintendent,  etc.  v.  Auditor,  etc.,  97  Ky.,  180. 

§  11.  (§  4372  Ky.  St.)  Fund  Used  for  Payment  of  Teachers, 
Unless  Otherwise  Provided. — Except  as  otherwise  expressly  provided 
in  this  chapter,  no  part  of  the  common  school  fund,  or  of  the  revenue 
thereof,  shall  be  used  for  any  other  purpose  than  the  payment  of 
teachers  of  common  schools,  legally  qualified  and  employed  in  pur- 
suance thereof.  (See  Sec.  55.) 

DECISION  OF   THE   COURT   OF   APPEALS. 

The  legislature  has  no  power  to  divide  the  common  school 
fund  in  a  particular  district,  and  appropriate  a  part  of  it  to 
the  payment  of  teachers  in  a  private  school.— Underwood  v. 
Wood,  etc.,  93  Ky.,  177. 

§  12.  (§  4373  Ky.  St.)  Auditor— Duty  of  With  Relation  to  Fund— 
The  Auditor  shall  keep  the  accounts  in  relation  to  this  fund.  He 
shall,  once  in  each  month,  make  a  transfer  to  the  credit  of  said  fund 
of  all  receipts  into  the  treasury,  with  the  source  of  each  item,  for 
the  benefit  of  the  common  schools  up  to  the  date  of  such  transfer. 
He  shall  allow  no  expenditures  on  that  account  beyond  the  annual 
revenue  of  the  fund,  and  shall  see  that  no  county  draws  more  than 
its  proper  proportions. 

§  13.  (§  4374  Ky.  St.)  Net  Revenue  to  be  Distributed— Fees  and 
Expenses  Not  to  be  Paid  Out  of. — The  net  revenue  of  the  fund  accru- 
ing during  each  school  year  shall  constitute  the  sum  to  be  distributed. 
But  no  fees  to  county  judges  or  clerks,  discount  on  checks,  or  other 
incidental  expenses,  shall  be  paid  out  of  the  distributable  share  of 
the  revenue  apportioned  to  any  county;  but  such  payment,  when  al- 
lowed by  the  fiscal  court,  shall  be  made  out  of  the  county  levy. 

§  14.  (§  4375  Ky.  St.)  Superintendent  to  Estimate  Share  Pupil 
Entitled  to — Duty  of  Auditor  and  Superintendent — Surplus  Due  Coun- 
ties.—The  Superintendent  of  Public  Instruction  shall,  on  or  before  the 


8  KENTUCKY  SCHOOL  LAWS  1916. 

fifteenth  day  of  July  in  each  year,  ascertain  and  estimate  for  the 
school  year  the  pro  rata  share  to  which  each  pupil-child  will  be  en- 
titled, according  to  the  whole  number  of  such  children  residing  in 
each  county,  as  shown  by  the  returns  of  the  County  Superintendent. 

If  at  the  time  of  making  such  estimate  and  apportionment,  the 
census  returns  of  the  superintendent  for  any  county  have  not  been 
made  to  him,  he  shall  use  the  census  returns  made  for  the  previous 
year.  It  shall  be  the  duty  of  the  Auditor  to  furnish  the  Superintend- 
ent of  Public  Instruction  such  data  as  may  be  needed  in  making  such 
estimate  and  apportionment.  It  shall  be  the  duty  of  the  Superintend- 
ent of  Public  Instruction,  as  soon  as  practical,  to  file  such  a  copy  of 
said  estimate  and  apportionment  with  the  Auditor,  and  to  inform  each 
county  superintendent  of  the  amount  to  which  his  county  shall  be  en- 
titled. Whatever  difference  may  exist  between  the  estimated  and  the 
actual  revenue  of  the  school  fund  for  any  school  year  shall  be  taken 
into  the  account  of  the  estimate  and  apportionment  for  the  succeed- 
ing school  year. 

A  detailed  statement  of  the  surplus  amount  to  which  each  county 
is  entitled  shall  be  made  out  by  the  Superintendent  of  Public  Instruc- 
tion and  filed  and  preserved  in  his  office.  The  bonded  surplus  in  the 
State  Treasury  to  the  credit  of  the  counties  shall  bear  interest  at  the 
rate  of  6  per  cent,  per  annum,  and  per  capita  derived  from  said  inter- 
est shall  be  duly  apportioned  to  the  white  and  colored  schools  of  the 
county  respectively,  and  be  paid  as  provided  in  the  following  sec- 
tion: Provided,  that  when  any  county  heretofore  established  out  of  the 
territory  belonging  to  a  county  or  counties  having  a~surplus  which  has 
not  been  apportioned  among  said  counties,  and  when  any  new  county 
shall  hereafter  be  established  out  of  territory  belonging  to  a  county 
or  counties  having  such  a  surplus,  then  the  Superintendent  of  Public 
Instruction  shall  apportion  such  surplus  among  the  original  and  new 
counties  in  an  equitable  manner. 

DECISION  OF   THE   COURT   OF   APPEALS. 

Under  section  14,  where  a  majority  of  the  districts  have 
been  overpaid  because  of  an  erroneous  estimate  of  the  revenue 
of  the  school  funds  for  the  year,  such  districts  must  be  post.- 
poned  in  the  apportionment  of  the  revenue  of  the  next  year, 
until  the  under-paid  districts  are  made  equal  to  them.— Louis- 
ville, etc.  v.  McChesney,  etc.,  109  Ky.,  9. 

§  15.  (§  4376*  Ky.  St.)  Distributions  by  Auditor  on  Warrant  of 
Superintendent — Dates  of. — For  each  school  year  the  Auditor  of  Public 
Accounts  shall,  on  the  successive  warrants  of  the  Superintendent  of 
Public  Instruction,  distribute  the  amount  of  the  school  fund  due  each 
county  superintendent  of  common  schools,  and  the  amount  due  each 
city,  town  or  village  organized  as  one  district  to  the  Treasurer  of 
the  School  Board  thereof,  as  follows:  On  or  before  the  first  of  October, 
one-sixth  of  the  whole  amount;  on  or  before  the  first  of  November, 
one-sixth  of  the  whole  amount;  on  or  before  the  first  of  December, 


SCHOOL  FUND.        .  9 

two-sixths  of  the  whole  amount;  on  or  before  the  first  of  January, 
one-sixth  of  the  whole  amount,  and  on  or  before  the  first  of  February, 
the  residue,  including  the  undistributed  surplus:  Provided,  That  if 
on  the  first  day  of  October,  November  or  December,  the  amount  in 
the  treasury  to  the  credit  of  the  school  fund  be  insufficient  to  admit 
of  a  full  distribution  of  the  proportion  required  by  this  act,  then  the 
Auditor  of  Public  Accounts  shall,  upon  the  successive  warrants  of  the 
Superintendent  of  Public  Instruction,  distribute  the  amount  of  the 
school  fund  then  on  hand  proportionately,  without  preference  or  par- 
tiality, to  all  the  counties  in  the  State  as  heretofore  directed. 

§  16.  (§  4375a*  Ky.  St.)  Per  Capita  of  $4.75— Extension  of  Term- 
Payment  of  School  Fund. — That  whenever  the  State  Superintendent  of 
Public  Instruction  shall  declare  a  per  capita  not  less  than  $4.75  nor 
more  than  $5.35  per  each  child  in  Kentucky  between  the  ages  of  six 
and  twenty  years,  who  are  entitled  to  same,  the  school  term  for  the 
common  schools  of  the  State  of  Kentucky  shall  be  extended  from  six 
to  seven  months,  and  when  said  per  capita  is  declared  to  be  over 
$5.35,  said  term  shall  be  extended  to  eight  months.  The  declaration 
of  said  per  capita  as  above  alone  extending  said  term,  but  in  no  event 
shall  the  term  be  less  than  six  months,  as  now  required  by  law. 

When  the  school  term  is  extended  to  seven  months,  the  school 
fund  for  that  year  shall  be  divided  into  seven  equal  installments,  and 
when  extended  to  eight  months,  into  eight  equal  installments.  The 
first  six  installments  are  to  be  paid  at  same  dates  as  now  required 
by  law  for  six-months  schools,  and  when  the  term  is  only  seven 
months,  the  two  last  months  shall  be  paid  for  on  the  second  Saturday 
in  March  of  each  year,  and  when  eight  months,  the  two  last  months 
shall  be  paid  for  the  second  Saturday  of  March  and  the  second  Satur- 
day of  April,  respectively. 

§  17.  (§  68a-3  Ky.  St.)  Claims  for  Damage  to  Sheep — Surplus 
to  Credit  of  County  School  Fund. — At  each  meeting  of  the  fiscal  court 
the  claims  for  loss  or  damage  to  sheep,  which  have  been  filed  not 
less  than  thirty  days  prior  to  such  meeting,  shall  be  taken  up  and 
considered  and  rejected,  or,  if  correct  and  just,  allow  the  same,  or 
such  parts  thereof  as  may  be  deemed  right:  Provided,  That  the  fiscal 
court  may  require  additional  evidence  on  any  such  claims,  either  by 
oral  testimony  or  affidavits.  Such  claims  as  are  allowed  shall  be 
filed  with  the  Auditor,  who  shall,  after  the  first  of  January  of  each 
year,  take  up  all  such  claims  by  counties,  and  draw  his  warrants 
upon  the  Treasurer  in  favor  of  claimant  for  the  amount  allowed  by 
the  fiscal  court:  Provided,  If  the  amount  of  the  dog  tax  fund  to  the 
credit  of  any  county  be  not  sufficient  to  pay  all  claims  for  such  county, 
the  Auditor  shall  prorate  the  claims  from  such  county.  Any  surplus 
remaining  to  the  credit  of  a  county  after  all  such  claims  are  allowed 
shall  be  transferred  to  the  credit  of  the  school  fund  of  such  county. 


10  KENTUCKY  SCHOOL  LAWS  1916. 

CHAPTER  IV. 


STATE  BOARD  OF  EDUCATION. 

§  18.  (§  4377  Ky.  St.)  Members  of  Board  a  Corporation. — The 
Superintendent  of  Public  Instruction,  together  with  the  Secretary  of 
State  and  Attorney  General,  shall  constitute  the  State  Board  of  Edu- 
cation. The  board  thus  constituted  shall  be  a  body  politic  and  cor- 
porate by  the  name  and  style  of  the  Kentucky  State  Board  of  Education. 

§  19.  (§  4378  Ky.  St.)  Property  Held  and  Disposed  of  for  the 
Benefit  of  Schools. — The  corporation  shall  take,  hold  and  dispose  of 
real  or  personal  estate  for  the  benefit  of  the  common  schools  of  the 
State.  The  bonds,  certificates  of  stock  and  other  evidences  of  prop- 
erty held  by  the  board  for  common  school  purposes  shall  be  in  the 
custody  of  the  chairman,  and  the  place  of  deposit  shall  be  shown 
by  the  records  of  the  board.  (See  Sees.  39,  60.) 

§  20.  (§  4379  Ky.  St.)  Superintendent  Chairman,  and  With  One 
Member  a  Quorum. — The  Superintendent  of  Public  Instruction  shall 
be  the  chairman  of  the  board,  and,  with  one  other  member  may  con- 
trol its  corporate  action  at  any  regular  or  called  meeting  of  the 
board,  of  which  all  the  members  shall  have  had  timely  notice  in 
writing. 

§  21.  (§  4380  Ky.  St.)  Meetings— How  Called.— The  board  shall 
meet  only  on  written  call  of  the  chairman. 

§  22.  (§  4381  Ky.  St.)  Corporate  Acts. — The  corporate  acts  of 
the  board  shall  be  attested  by  the  signature  of  the  chairman,  and  his 
private  seal  shall  stand  in  lieu  of  a  corporate  seal. 

§  23.  (§  4382  Ky.  St.)  Powers  and  Duties — Standing  Committee. 
— The  State  Board  of  Education  shall  constitute  a  standing  com- 
mittee, who  shall  prepare  rules,  by-laws  and  regulations  for  the  gov- 
ernment of  the  common  schools  of  the  State,  which  shall  be  adopted 
and  enforced  under  the  authority  and  direction  of  the  county  super- 
intendents, trustees  and  teachers;  shall  prescribe  regulations  for  the 
management  of  county  teachers'  libraries,  and  prepare  suitable  lists 
of  books  for  sub-district  libraries-  with  regulations  for  the  management 
thereof;  shall  prescribe  and  publish  a  public  graded  course  of  study 
for  the  common  schools,  specifying  the  order  of  studies,  and  the  time 
to  be  allotted  to  each,  which  course  of  study  shall  be  observed  by  the 
teacher  and  enforced  by  the  trustees. 

§  24.  (§  4383  Ky.  St.)  Course  of  Study.— The  instruction  pre- 
scribed by  the  board  shall  embrace  spelling,  reading,  writing,  arith- 
metic, English  grammar,  English  composition,  geography,  physiology 
and  hygiene,  civil  government,  United  States  history,  and  the  history 
of  Kentucky.  After  July  1,  1893,  the  nature  and  effects  of  alcoholic 
drinks  and  narcotics  upon  the  human  system  shall,  in  all  schools  sup- 
ported wholly  or  in  part  by  the  State,  be  taught  as  thoroughly  as  other 
required  studies  to  all  pupils  studying  physiology  and  hygiene  as  a 
part  of  this  branch, 


SUPERINTENDENT   OF  PUBLIC  INSTRUCTION.  11 

CHAPTER  V. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

§  25.  (§  4384  Ky.  St.)  Oath — Bond — Beginning  of  Term.— The 
Superintendent  of  Public  Instruction  shall  take  the  oath  and  enter 
upon  the  duties  of  his  office,  on  the  first  Monday  in  January  after 
his  election,  and  shall  give  bond  to  the  Commonwealth,  with  good 
security,  for  the  faithful  performance  of  his  duties  to  be  approved 
by  the  Governor,  with  at  least  twenty-five  thousand  dollars,  the  bond 
to  be  filed  in  the  office  of  the  Secretary  of  State.  (See  Sec.  42.) 

§  26.  Salary — Office  Supplies — Clerk,  Stenographers  and  Sal- 
aries.— The  Superintendent  of  Public  Instruction  shall  receive  a  salary 
of  two  thousand  five  hundred  dollars,  and  the  additional  amount  he 
receives  as  chief  inspector  and  examiner  of  schools,  per  annum;  be- 
sides which  he  shall  be  entitled  to  all  office  fixtures,  stationery,  books, 
postage,  fuel  and  light  needed  to  carry  on  the  work  of  his  office. 
The  Superintendent  of  Public  Instruction  shall  have  the  power  to 
appoint  for  his  department  clerks  and  stenographers  hereinafter 
enumerated,  who  shall  serve  for  the  term  for  which  he  is  elected, 
unless  sooner  removed  by  him.  They  shall  perform  such  duties,  not 
otherwise  provided  by  law,  as  may  be  assigned  them  by  the  Superin- 
tendent of  Public  Instruction  for  the  furtherance  of  the  discharge  of 
his  duties. 

There  shall  be  a  chief  clerk,  who,  in  case  of  the  absence  or  sick- 
ness of  the  Superintendent  of  Public  Instruction,  shall  perform  the 
duties  of  the  latter,  and  said  clerk's  salary  shall  be  fifteen  hundred 
dollars  per  annum,  payable  monthly,  out  of  the  school  fund,  by  the 
State  Treasurer. 

There  shall  be  a  first  clerk  and  a  second  clerk,  each  of  whom  shall 
be  paid  a  salary  of  twelve  hundred  dollars  per  annum,  payable  monthly 
out  of  the  school  fund  by  the  State  Treasurer. 

There  shall  be  a  third  clerk,  who  shall  be  paid  a  salary  of  one 
thousand  dollars  per  annum,  payable  monthly,  out  of  the  school  fund 
by  the  State  Treasurer. 

There  shall  be  a  fourth  clerk,  who  shall  be  paid  a  salary  of  eight 
hundred  and  fifty  dollars  per  annum,  payable  monthly  out  of  the 
school  fund  by  the  State  Treasurer. 

There  may  be  two  stenographers  who  shall  receive  and  be  paid 
one  thousand  two  hundred  dollars  each  per  annum,  and  two  stenog- 
raphers who  shall  receive  and  be  paid  one  thousand  dollars  each  per 
annum  and  one  stenographer  who  shall  receive  nine  hundred  dollars 
per  annum,  payable  monthly  out  of  the  school  fund  by  the  State 
Treasurer. 

§  27.     (§  4385  Ky.  St.)     Expenses  Paid  Not  Exceeding  $500.— The 


12  KENTUCKY  SCHOOL  LAWS  1916. 

Superintendent  of  Public  Instruction  should  visit  various  portions  of 
the  State  in  the  interest  of  the  common  schools.  The  necessary  ex- 
penses thus  incurred  by  the  State  Superintendent,  not  to  exceed  in 
all  five  hundred  dollars  annually  while  engaged  in  such  work,  shall 
be  paid  by  the  Treasurer  and  charged  to  the  common  school  fund; 
and  that  the  Superintendent  is  hereby  authorized  to  make  monthly 
requisitions  on  the  Auditor  for  such  expenses,  and  that  he  render  an 
itemized  account  of  the  same. 

§  28.  (§  4386  Ky.  St.)  State  Board  of  Examiners—Duties  of.— 
The  Superintendent  of  Public  Instruction  shall  appoint  two  profes- 
sional educators,  who,  together  with  himself,  shall  constitute  a  State 
Board  of  Examiners,  who  shall  examine  all  applicants,  personally  ap- 
plying to  them  for  certificates  of  qualifications  as  county  superin- 
tendents or  for  State  diplomas  or  State  certificates.  The  said  Board 
of  Examiners  shall  prepare  the  series  of  questions  for  the  examination 
of  candidates  for  county  superintendents,  as  provided  in  Section  46  of 
this  Act,  and  also  the  different  series  of  questions  for  the  examination 
of  teachers  as  provided  in  Section  177  of  this  Act  and  before  for- 
warding to  the  county  superintendents  shall  submit  all  of  the  said 
series  to  the  State  Board  of  Education  for  their  approval. 

§  29.  (§  4387  Ky.  St.)  Office  at  Seat  of  Government— Entire 
Time  to  be  Devoted  to  Duties. — He  shall  keep  his  office  at  the* seat 
of  government  in  such  suitable  buildings  as  may  be  provided,  and 
shall  devote  his  entire  time  and  attention  to  the  duties  of  his  office. 

§  30.  (§  4388  Ky.  St.)  Accounts — Settlements — Changes  in 
County  Superintendent. — He  shall  keep  an  account  of  all  the  orders 
drawn  or  countersigned  by  him  on  the  Auditor;  of  all  the  returns  of 
settlements  and  of  all  changes  in  the  office  of  county  superintend- 
ents, which  shall  be  furnished  to  the  Auditor  whenever  required. 

§  31.  (§  4389  Ky.  St.)  Report  of  Condition  and  Prospects  of 
Schools — Printing  and  Distribution. — He  shall  biennially,  on  or  before 
the  meeting  of  the  General  Assembly,  make  report  of  the  condition, 
progress  and  prospects  of  the  common  schools;  the  amount  and 
condition  of  the  school  fund;  how  its  revenue  for  the  two  previous 
school  years  has  been  distributed;  the  amount  produced  and  dis- 
bursed for  common  school  purposes  from  local  taxation  or  other 
sources  and  how  and  for  what  the  same  was  expended;  an  abstract  of 
the  county  superintendents'  reports,  the  practicable  working  of  the 
common  school  system  of  the  State,  with  suggestions  as  to  any  alterna- 
tions it  may  require;  all  of  which,  together  with  such  other  facts, 
statistics,  and  information  as  may  be  deemed  of  interest  to  be  known, 
he  shall  deliver  to  the  contractor  for  public  printing,  and  cause  to 
be  printed  a  copy  for  each  school  district  and  for  each  county  and 
city  superintendent  of  schools  in  the  State,  seven  hundred  and  fifty 
copies  for  the  use  of  the  members  of  the  General  Assembly  and  for 
exchange  with  the  Superintendents  of  Public  Instruction  of  other 


SUPERINTENDENT   OF  PUBLIC  INSTRUCTION.  13 

States  and  five  hundred  copies  for  distribution  by  the  Superintendent, 
according  to  his  discretion.  (See  Sees.  34,  37.) 

§  32.  (§  4390  Ky.  St.)  Blind,  Deaf,  Dumb  and  Feeble-Minded 
Institutions — Reports  Concerning. — The  Superintendent  in  his  report 
shall  set  forth  the  objects,  methods  of  admission  and  other  general 
information  concerning  the  institutions  for  the  blind,  the  deaf  and 
dumb,  and  the  feeble-minded;  and,  to  aid  him  in  his  work,  the  super- 
intendents of  these  institutions  shall  be  required  annually,  by  the 
first  day  of  September,  to  furnish  the  Superintendent  of  Public  Instruc- 
tion with  such  condensed  statement  of  their  respective  institutions 
as  it  would  be  profitable  to  publish. 

§  33.  (§  4391  Ky.  St.)  Copies  of  Records  in  Office  Evidence.— 
Copies  of  records  and  papers  in  his  office  certified  by  him  shall  in 
all  cases  be  evidenced  equally  with  the  originals. 

§  34.  (§  4392  Ky.  St.)  Blanks— Documents  to  be  Prepared  and 
Furnished. — He  shall  prepare  suitable  blanks  for  reports,  registers, 
certificates,  notices,  and  such  other  official  documents  as  may  be  pro- 
vided for  in  this  chapter  and  shall  cause  the  same  with  such  instruc- 
tions and  information  as  he  may  deem  necessary  to  a  proper  under- 
standing and  use  of  them,  to  be  transmitted  to  the  officers  and  persons 
intrusted  with  the  execution  of  the  provisions  of  the  school  law.  (See 
Sees.  31,  37,  112,  188,  189.) 

§  35.  (§  4393  Ky.  St.)  School  Laws  to  be  Biennially  Arranged 
and  Edited. — The  Superintendent  of  Public  Instruction  shall  biennially 
collect,  arrange  for  publication  and  index  the  school  laws,  omitting 
all  that  has  been  repealed  and  inserting  in  its  proper  place  that  which 
is  amendatory. 

§  36.  (§  4394  Ky.  St.)  County  Superintendent  or  Trustee — Neg- 
lect to  be  Reported — Duty  of  County  Attorney. — It  shall  be  his  duty 
to  report  any  neglect  of  duty,  of  any  misappropriations  of  common 
school  funds  on  the  part  of  the  county  superintendents  or  trustees 
of  common  schools  in  this  Commonwealth  to  the  county  attorney, 
whose  duty  it  shall  be,  whenever  such  neglect  of  duty  or  misappro- 
priation of  funds  shall  come  to  his  knowledge,  to  prosecute  such  per- 
son in  the  circuit  court  of  the  county.  (See  Sec.  45.) 

§  37.  (§  4395  Ky.  St.)  Publication  and  Distribution  of  School 
Laws  and  Decisions. — He  sb,all  have  published  for  biennial  distribution 
throughout  the  State,  the  general  school  laws  of  the  State,  abstracts  of 
the  decisions  of  the  Appellate  Courts  and  of  the  Attorney  General 
on  points  of  school  law  and  construction  thereof,  decisions,  rules,  and 
regulations  of  the  State  Board  of  Education  and  of  the  State  Board 
of  Examiners,  plans  and  specifications  for  building  school  houses; 
information  and  instructions  in  regard  to  application  of  the  school 
law  and  the  management  of  the  common  schools,  important  official 
and  legal  periods  of  the  school  year,  with  due  notice  thereof;  and 
such  other  important  facts  and  data  as  may  be  of  interest  to  the 
public.  (See  Sees.  31,  34.) 


14  KENTUCKY  SCHOOL  LAWS  1916. 

§  38.  (§  4396  Ky.  St.)  Decisions  of  Questions— Appeal— Opinion 
of  Attorney  General. — The  Superintendent  of  Public  Instruction  shall, 
at  the  written  request  of  any  county  superintendent  of  common 
schools,  decide  any  question  of  difference  or  doubt  touching  the  admin- 
istrative duties  of  officers  and  teachers  of  the  common  schools  in 
his  county.  The  decision  of  the  Superintendent  of  Public  Instruction 
shall  in  such  cases  be  final  unless  appeal  be  prosecuted  from  his 
decision  to  the  State  Board  of  Education  within  thirty  days.  Before 
rendering  such  opinion,  the  superintendent  may  obtain  the  advice 
of  the  Attorney  General,  whose  opinion  in  writing,  shall  be  conclusive 
for  the  time,  and  sufficient  defense  against  all  parties.  The  decisions 
of  the  Superintendent  of  Public  Instruction,  and  the  opinion  of  the 
Attorney  General,  shall  be  duly  filed  and  duly  recorded  in  the  book 
kept  for  that  purpose.  (See  Sec.  66.) 

§  39.  (§  4397  Ky.  St.)  Gift  or  Devise  to  School  Fund — Appoint- 
ment of  Agent  to  Take  Charge  of — Powers  and  Duties. — Whenever  he 
shall  be  informed  that  any  donation,  gift  or  devise  of  any  real  or 
personal  estate  shall  have  been  made  to  the  common  school  fund  of 
Kentucky,  it  shall  be  the  duty  of  the  Superintendent  of  Public  Instruc- 
tion to  appoint  some  discreet  person,  who  shall  take  charge  of  the 
real  or  personal  estate  so  granted,  devised  or  donated  and  sell  and 
dispose  of  the  same,  and  pay  the  proceeds  into  the  State  Treasury. 
Before  said  agent  so  appointed  by  the  Superintendent  of  Public  In- 
struction shall  proceed  to  act  he  shall  give  a  bond,  with  good  security, 
to  the  Commonwealth,  for  the  faithful  discharge  of  his  duties  as 
agent.  Said  bond  shall  be  given  in  the  county  in  which  the  donor, 
grantor,  or  devisor  shall  have  died,  or  in  the  county  in  which  the 
property  is  situated,  the  bond  shall  be  executed  in,  and  approved 
by  the  county  court.  The  person  so  appointed  shall  make  a  settle- 
ment with  the  county  court  of  his  county,  once  in  each  year,  and  shall 
pay  into  the  treasury  the  amount  found  in  his  hands  after  said  settle- 
ment. The  court  shall  allow  said  person  a  reasonable  compensation 
for  collecting  and  paying  over  said  money,  not  exceeding  ten  per 
cent,  on  the  first  five  hundred  dollars,  and  five  per  cent,  on  the  residue, 
which  amount  said  person  shall  retain  in  his  hands  out  of  the  money 
collected.  For  any  failure  of  the  person  so  appointed  to  discharge 
the  duties  under  this  law,  he  and  his  securities  shall  be  liable  to  all 
damages  sustained,  and  for  all  money  •  collected,  with  twenty  per 
cent,  damages  on  the  amount  so  collected,  and  which  he  has  failed 
to  pay  over.  The  suit  on  the  bond  shall  be  brought  in  the  name  of 
the  Commonwealth  of  Kentucky,  and  shall  be  instituted  by  the  Com- 
monwealth's Attorney  or  County  Attorney.  The  person  appointed 
by  the  Superintendent  of  Public  Instruction  shall  have  the  same  power 
in  collecting  and  settling  the  estate  as  an  administrator  or  executor 
now  has  by  law,  may  insitute  and  defend  all  suits  in  reference  to  said 
estate,  and  sell  and  convey  the  real  estate  by  deed.  The  amount  of 
money  paid  into  the  treasury  under  the  provisions  of  this  section  shall 


SUPERINTENDENT    OF   PUBLIC    INSTRUCTION.  15 

remain  there  until  disposed  of  by  law,  and  the  treasurer  and  his  sure- 
ties shall  be  liable  for  the  same  on  his  official  bond.  This  section 
shall  apply  to  all  gifts,  donations  or  devises  heretofore  or  hereafter 
made  to  the  school  fund  of  Kentucky.  But  the  provisions  of  this 
section  shall  not  apply  to  cases  where  the  terms  or  conditions  of  the 
devises,  gifts  or  donations  conflict  with  said  provisions;  but,  in  such 
cases,  the  terms  or  conditions  of  the  devise,  grant  or  donation  shall 
be  carried  out  as  intended  by  the  person  making  the  same.  (See 
Sec.  19,  60.) 

§  40.  (§  4398  Ky.  St.)  Books  and  Papers  to  be  Delivered  to  Suc- 
cessor— Penalty. — Upon  retiring  from  office,  the  Superintendent  of 
Public  Instruction  shall  deliver  to  his  successor  all  books,  papers  and 
effects  belonging  to  the  office,  and  on  failure  to  do  so  shall  be  fined  in 
a  sum  not  less  than  one  hundred  nor  more  than  five  hundred  dollars, 
to  be  recovered  by  indictment  in  the  Franklin  Circuit  Court. 

§  41.  (§  4535M  Ky.  St.)  State  Superintendent  to  Act  as  State 
Inspector  and  Examiner  of  Schools — Salary — Assistants — Power — 
Duties. — The  State  Superintendent  of  Public  Instruction  be,  and  is 
hereby,  authorized  to  act  as  Special  State  Inspector  and  Examiner  of 
all  schools  in  cities,  towns  and  counties  in  the  Commonwealth,  receiv- 
ing funds  directly  or  indirectly  from  the  State  or  said  cities,  towns 
and  counties.  The  State  Superintendent  of  Public  Instruction,  before 
entering  upon  this  special  duty  shall  take  an  oath  before  some  one 
qualified  to  administer  the  oath,  to  faithfully  and  diligently  perform 
the  duties  of  this  office  and  shall  execute  bond  with  good  and  suffi- 
cient security,  to  be  approved  by  the  Governor,  in  a  sum  not  to  exceed 
ten  thousand  dollars,  which  bond  shall  be  filed  with  the  Secretary  of 
State. 

The  Superintendent  of  Public  Instruction  shall  receive  annually 
for  such  special  duty  the  salary  of  $1,500.00,  payable  monthly  out 
of  the  State  School  Fund. 

He  shall  have  power  to  appoint  two  assistants  at  salaries  of  one 
thousand  dollars  per  annum,  and  all  necessary  and  contingent  and 
traveling  expenses  for  himself  and  his  assistants,  when  on  business 
pertaining  to  these  official  duties.  He  shall  be  allowed  not  to  exceed 
two  thousand  dollars  per  annum  for  additional  clerk  hire  for  this 
department,  in  connection  with  the  State  Department  of  Education, 
that  the  State  Deparment  may  be  made  more  efficient  in  the  conduct, 
supervision,  management  and  inspection  of  the  schools  and  school 
revenues  of  the  Commonwealth.  These  salaries  and  necessary  ex- 
penses thus  incurred  shall  be  paid  by  the  Treasurer  and  charged  to 
the  common  school  fund,  and  the  Superintendent  is  hereby  authorized 
to  make  monthly  requisitions  on  the  Auditor  for  such  salaries  and 
expenses  and  that  he  render  an  itemized  account  of  the  same. 
(County  Superintendent's  books  subject  to  examination.  Sec.  59.) 

§  42.  (§  4535f-2  Ky.  St.)  Bond  to  be  Given  by  Assistant  Inspec- 
tors.— The  assistants  appointed  by  the  Superintendent  may  be  re- 


16  KENTUCKY  SCHOOL  LAWS  1916. 

quired  by  him,  subject  to  the  approval  of  the  State  Board  of  Education, 
to  make  such  bond  as  they  may  deem  sufficient  to  faithfully  and 
diligently  perform,  under  the  direction  of  the  State  Superintendent, 
such  duties  as  he  may  assign  them,  either  in  the  office  of  the  Super- 
intendent, or  on  business  pertaining  to  the  official  inspection  duties. 
Such  bond  shall  be  filed  in  the  office  of  the  Superintendent  of  Public 
Instruction.  (See  Sec.  25.) 

§  43.  (§  4535f-3  Ky.  St.)  Power  to  Inspect  School  Funds  and 
Management  of  all  Schools. — It  shall  be  the  duty  of  the  State  Superin- 
tendent as  Special  Inspector,  by  and  through  the  co-operation  of  his 
assistants,  to  inspect  and  examine  into  the  fiscal  management  and 
conduct  of  the  office  of  all  school  officials,  whose  duty  it  is  to  receive, 
handle  or  disburse  the  public  school  funds  either  directly  or  indirectly 
and  to  compel  an  account  of  such  school  officials.  The  said  inspector 
shall  have  power  to  examine  into  the  management  of  public  schools 
supported  in  whole  or  in  part  by  the  State  and  to  see  that  the  school 
laws,  rulings,  regulations  and  all  by-laws  of  the  State  Board  of  Edu- 
cation are  enforced  and  operative  in  such  a  way  as  to  best  and  most 
equitably  distribute  the  educational  equipment  of  the  State  and  to 
make  the  public  school  system  of  the  State  a  more  efficient  system. 

§  44.  (§  4535f-4  Ky.  St.)  May  Issue  Process  to  Compel  Attend- 
ance of  Witnesses — Penalties. — He  shall,  at  all  time,  have  access  to 
the  papers,  books  and  records  of  any  and  all  teachers,  trustees,  super- 
intendents or  other  public  officials,  and  shall  have  power  to  issue 
process  and  compel  attendance  of  witnesses  before  him  and  to  admin- 
ister oaths  to  and  to  compel  witnesses  to  testify  in  any  of  the  in- 
vestigations he  is  authorized  to  make,  and  upon  the  failure  of  any  wit- 
ness to  attend  or  testify  without  legal  excuse,  he  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction,  fined  not  to  exceed 
$25.00  for  each  offense.  He  shall  have  power  to  clothe  his  assist- 
ants with  full  power  of  attorney  to  act  for  him  as  inspector. 

§  45.  (§  4535f-5  Ky.  St.)  Report  of  Misconduct  to  County  or 
Commonwealth  Attorney. — When  he  or  his  assistants  shall  find  any 
mismanagement,  misconduct,  violation  of  law,  or  wrongful  or  improper 
use  of  any  County  or  State  school  fund,  or  neglect  in  the  performance 
of  duty  on  the  part  of  any  school  official,  he  shall  report  any  and  all 
such  violations  of  the  school  laws  when  discovered  to  the  State 
Board  of  Education,  whose  duty  it  shall  be,  through  the  State  Superin- 
tendent, as  Special  Inspector,  or  one  of  his  assistants,  to  call  in  the 
assistance  of  the  County  Attorney  or  Commonwealth's  Attorney  in 
the  county  or  district  where  such  violation  occurs  to  assist  in  the 
indictment,  prosecution  and  conviction  of  the  accused,  or  if  indict- 
ment, prosecution  and  conviction  are  not  warrantable,  he  shall  report 
such  neglect  or  misconduct  to  the  State  Board  of  Education  who 
shall  have  power  to  rectify  and  regulate  all  such  natters.  (See 
Sec.  36.) 


COUNTY  SUPERINTENDENT.  17 

CHAPTER  VI. 

COUNTY   SUPERINTENDENT. 

§  46.  (§  4399-1  Ky.  St.)  Qualification — Examination— Fees— Cities 
of  the  First  Class. —  (1)  There  shall  be  a  County  Superintendent  of 
common  schools  in  each  county  of  the  State,  who  shall  be  possessed 
of  good  moral  character  and  ability  to  manage  the  common  school 
interests  of  the  county  efficiently.  He  shall  possess  a  good  English 
education  and  shall  be  competent  to  examine  the  teachers  who  shall 
apply  to  teach  the  common  schools  in  the  county.  He  shall  be 
twenty-four  years  old  at  the  time  of  qualifying,  a  citizen  of  Kentucky, 
shall  have  resided  two  years  next  preceding  the  election  in  this  State 
and  one  year  in  the  county  for  which  he  is  a  candidate.  No  person 
shall  be  eligible  to  the  office  of  County  Superintendent  unless  he 
shall  hold  from  the  State  Board  of  Examiners  a  State  diploma  or  a 
State  certificate  which  will  not  expire  during  his  proposed  term  of 
office;  or  a  certificate  of  qualification  which  shall  in  all  respects 
be  the  equivalent  of  a  State  certificate  issued  by  the  State  Board  of 
Examiners,  on  a  personal  examination  held  at  the  State  Capitol  on  the 
last  Friday  and  Saturday  in  May  and  June  next  preceding  the  election 
of  County  Superintendents. 

(2)  The  fee  for  such  an  examination  shall  be  five  dollars  and 
shall  be  divided  among  the  members  of  the  State  Board  of  Examiners; 
the  said  certificate  shall  not  entitle  the  holder  thereof  to  teach  in 
the  common  schools  of  the  State. 

(3)  In  counties  embracing  any  city  of  the  first  class  and  main- 
taining a   system  of  public  schools   separate  and   distinct  from  the 
common  schools  of  the   county,  no   person   shall  be  eligible  to   the 
office  of  County  Superintendent  other  than  a  resident  of  such  county 
outside  of  such  city  or  town. 

(4)  No  person  shall  be  eligible  to  hold  the  office  of  County  Super- 
intendent   excepting    such    County    Superintendents    as    are    now    in 
office  and  such  persons  as  have  obtained  a  State  diploma  or  State 
certificate  issued  by  the  State  Board  of  Examiners  or  a  certificate  as 
is  herein  provided  for. 

DECISION  OF   THE   COURT   OF   APPEALS. 

Authority  of  County  Superintendent  to  employ  counsel.— 
Money,   etc.   v.   Beard  and  Marshall,   136  Ky.,   219. 

§  47.  (§  4399-2  Ky.  St.)  Who  May  Not  Hold  Office  of  County 
Superintendent. — No  County  Judge,  Justice  of  the  Peace,  Circuit 
Clerk,  County  Clerk,  County  Attorney,  County  Surveyor,  Sheriff, 
Coroner,  Assessor,  Trustee  of  a  common  school  district,  or  a  teacher 


18  KENTUCKY  SCHOOL  LAWS  1916. 

while  engaged  in  teaching  in  any  kind  of  a  school,  shall  hold  the 
office  of  County  Superintendent  and  the  County  Superintendent  shall 
devote  his  entire  time  and  attention  to  the  duties  of  his  office. 

§  48.  (§  4399-3  Ky.  St.)  Election  of  County  Superintendent. — 
(1)  The  County  Superintendent  shall  be  elected  by  the  qualified  voters 
of  each  county,  qualified  to  vote  in  all  school  elections  at  the  regular 
November  election,  provided  by  law  and  shall  hold  his  office  for  four 
years  from  the  first  Monday  in  January  following  his  election  or  until 
the  election  and  qualification  of  his  successor. 

(2)  The   County   Superintendent  shall   be   elected  and  the  vote 
canvassed  and  the  result  certified  by  the  same  officers  and  in  the 
same  manner  as  in  the  election  of  other  county  officers  and  .within 
ten  days  after  the  election,  the  clerk  of  the  county  court  shall  forward 
a  copy  of  the  certificate  of  election  to  the  Superintendent  of  Public 
Instruction. 

(3)  In  case  of  controverted  right  to  the  office  of  County  Superin- 
tendent, the  Superintendent  of  Public  Instruction  shall  have  power  to 
recognize   a    Superintendent   from   among   the    contestants   until   the 
case  has  been  settled;  provided,  that  in  counties  containing  cities  of 
the   first  or   second   class,   maintaining   a  system   of   public   schools 
separate  and  distinct  from  the  common   schools  of  the  county,  the 
County  Superintendent  shall  reside  in  the  portion  of  the  county  out- 
side of  such  city  or  cities  and  be  elected  by  the  qualified  voters  of 
said  county  residing  out  of  such  city  or  cities. 

DECISIONS  OF  THE  COURT  OF  APPEALS. 

County  Superintendent— Election  Contest— Recognized  by 
State  Superintendent.— Wilson  v.  Tye,  126  Ky.,  34. 

Women  possessing-  the  necessary  qualification,  qualified 
voters  to  vote  for  County  Superintendent. 

The  office  of  County  Superintendent  of  common  schools 
is  not  a  constitutional  office.— Crook,  etc.  v.  Bartlett,  155  Ky., 
305. 

§  49.  (§  4399-4  Ky.  St.)  Bond  to  be  Executed.— (1)  Before  enter- 
ing upon  the  discharge  of  his  duties  each  County  Superintendent  must 
enter  into  a  covenant  before  the  county  court  of  the  county  to  the 
Commonwealth  of  Kentucky,  with  sufficient  security  in  not  less  than 
an  amount  which  shall  not  exceed  twice  the  amount  of  money  that  he 
shall  receive  at  any  installment  from  the  State  Treasury,  as  common 
school  funds,  for  the  faithful  discharge  of  his  duties,  and  the  said 
bond  shall  be  renewed  each  year.  Said  bond  shall  be  given  in  dupli- 
cate, one  copy  to  be  kept  on  file  in  the  office  of  the  County  Clerk,  and 
the  other  to  be  forwarded  by  the  County  Clerk  to  the  Superintendent 
of  Public  Instruction. 

(2)  It  shall  be  the  duty  of  the  County  Clerk  iii  forwarding  the 
bond  made  by  the  County  Superintendent  at  the  time  of  assuming  the 
duties  of  his  office,  to  also  forward  to  the  Superintendent  of  Public 
Instruction  a  certified  copy  of  the  order  of  the  court  inducting  the 
said  Superintendent  into  office. 


COUNTY  SUPERINTENDENT.  11) 

§  50.  (§  4399-5*  Ky.  St.)  Salary  of  Superintendent. — In  counties 
listing  less  than  one  million  dollars  in  taxable  property  for  State  and 
county  taxation,  the  salary  of  the  Superintendent  shall  not  be  less 
than  $400.00  nor  more  than  $1,500.00  per  annum;  in  counties  listing 
one  million  dollars  or  more,  his  salary  shall  not  be  less  than  $600.00 
nor  more  than  $2,500.00. 

Said  salary  shall  be  paid  monthly  by  the  fiscal  court  out  of  the 
county  levy,  as  it  is  now  paid. 

The  said  salary  shall  be  based  on  the  number  of  children  reported 
in  the  census  report  of  the  sub-district  trustees  of  such  county,  which 
salary  shall  not  be  less  than  8  cents  nor  more  than  twenty  cents  for 
each  pupil  thus  reported.  In  fixing  the  salary  of  the  said  Superintend- 
ent no  child  shall  be  counted  or  enumerated  who  is  under  a  City 
School  Superintendent  of  a  city  of  the  first,  second,  third  or  fourth 
class. 

Before  the  fiscal  court  shall  allow  the  salary,  it  shall  be  satisfied 
from  the  statement  subscribed  and  sworn  to  by  the  Superintendent, 
and  from  such  other  evidence  as  may  be  adduced,  that  he  has  visited 
the  schools  of  the  county  and  that  said  services  have  been  faithfully 
and  efficiently  performed  according  to  law. 

In  his  report  to  the  State  Superintendent  of  Public  Instruction, 
the  said  Superintendent  shall  state  the  full  amount  allowed  him  by 
the  fiscal  court  for  his  official  services. 

Said  salary  shall  be  allowed  the  Superintendent  for  all  services 
rendered  and  expenses  incurred  by  him  under  the  provisions  of  this 
law;  and  the  fiscal  court  shall  furnish  the  County  Superintendent  with 
a  suitable  office  free  of  charge,  large  enough  to  accommodate  the 
county  teachers'  library  and  the  assistants  in  his  office.  (See 
Sec.  103.) 

DECISION  OF   THE   COURT   OF   APPEALS. 

County  Superintendent's  salary— Time  for  fixing  by  fiscal 
court.— Piercy  v.    Smith,    etc.,    117  Ky.,    990. 

§  51.  (§  4404*  Ky.  St.)  Census  Report  of  School  Children- 
Notice  of  Change  in  District  Boundaries. — (1)  It  shall  be  the  duty  of 
each  County  Superintendent,  on  or  before  the  first  day  of  June  each 
year,  to  prepare,  mail  to,  and  cause  to  be  placed  in  the  hands  of  the 
Superintendent  of  Public  Instruction  a  report,  certified  by  the  county 
judge  or  clerk,  that  the  report  is  a  correct  statement  as  shown  from 
the  census  on  file  in  the  office  of  the  clerk  of  the  county  court,  show- 
ing the  whole  number  of  children,  between  the  ages  of  six  and  twenty 
years,  residing  in  his  county,  and  the  whole  number  residing  in  each 
sub-district,  including  each  city  and  each  independent  district  de- 
scribed by  its  number;  and  he  shall  be  individually  responsible  to 
the  county  board  of  education  by  reason  of  any  error  made  by  said 
superintendent  in  reporting  the  census  thereof. 


20  KENTUCKY  SCHOOL  LAWS  1916. 

(2)  He  shall  superintend  the  census  taken  during  the  month  of 
April  by  the  trustees,  and  not  later  than  the  twentieth  of  March  of 
each  year  shall  notify  the  trustee  that  the  boundaries   of  the  sub- 
district  are  as  recorded  for  the  past  year  in  the  trustees'  register; 
or,  if  any  changes  have  been  made,  shall  give  to  the  trustee  exact 
notice  of  such  changes,  and,  in  due  time,  see  that  the  said  changes 
are  included  in  the  description  of  the  boundary  entered  in  the  trus- 
tees' register. 

(3)  At  the  time  of  such  notice  he  shall  give  the  said  trustee 
printed  or  written  instructions  for  taking  the   census;    caution  him 
against  reporting  persons  not  legally  belonging  thereto,  and  calling 
his  attention  to  Section  94  of  this  Act. 

(4)  He  shall  base  his  report  upon  the  census  taken  during  the 
month  of  April,  and  reports  thereof  made  to  him  by  the  sub-district 
trustees  and  if  such  reports  are  not  in  from  the  sub-district  by  the 
tenth   of   May,   the   County   Superintendent   shall   take,   or  have   the 
census  of  such  subdistrict  taken,  the  cost  of  which  shall  be  paid  out 
of  the  county  levy,  and  the  fiscal  court  may  recover  from  the  delin- 
quent trustee  the  amount  so  paid.     (Trustees  take  census.    Sec.  94.) 

DECISION  OF  THE  COURT  OF  APPEALS. 

No  one  can  acquire  the  right  to  remain  in  a  common 
school  district  by  prescription.— Trustees,  etc.  v.  Young-,  105 
Ky.,  299.  (See  Sees.  121,  88.) 

§  52.  Duties  as  to  Condemnation  of  School  Houses  and  School 
Visitation. — (1)  He  shall  condemn  any  school  house  which  is  dilap- 
idated, unhealty,  or  otherwise  unfit  to  be  occupied  for  the  purpose  of 
a  common  school,  and  any  fence  or  other  inclosure  of  a  school  house 
when  such  inclosure  is  for  any  reason  insufficient  for  the  protection 
of  the  house  or  grounds.  He  shall  condemn  all  school  furniture  or 
apparatus  insufficient  in  quantity  or  not  of  the  required  character, 
and  order  the  same  replaced  with  the  proper  furniture  and  apparatus 
as  described  in  section  115  of  this  act.  He  shall,  within  thirty  days 
after  such  condemnation,  notify  the  county  board  of  education  in 
writing. 

(2)  He  shall  at  least  once  a  year  make  an  official  visit  to  each 
sub-district  school  of  his  county,  but  shall  not  make  more  than  three 
such  official  visits  in  any  one  day.  At  the  time  of  such  visit  he 
shall  note  in  a  book,  to  be  kept  for  that  purpose,  the  number  of 
pupils  in  attendance;  the  number  absent,  and  the  cause  of  absence; 
the  names  of  children  unable  to  purchase  books;  the  conditions  of 
the  school  house,  furniture,  apparatus,  grounds  and  appurtenances; 
the  qualification  and  efficiency  of  the  teacher;  the  conduct  and 
standing  of  the  pupils;  the  method  of  instruction;  the  discipline 
and  government  of  the  school.  In  the  visits  to  the  school  he  shall 
advise  with  the  teachers  and  give  them  such  instruction  regarding 
discipline  and  teaching  as  he  may  deem  necessary. 


COUNTY  SUPERINTENDENT.  21 

(3)  He  shall  counsel  the  trustees  and  see  that  they  discharge 
their  duties,  especially  in  securing  full  and  regular  attendance. 

(4)  He  shall  admonish  the  teacher  found  remiss  of  duty  in  the 
matter  of  cleanliness  of  house,  preservation  of  furniture  and  necessary 
ventilation  and  complain  to  the   trustees   in   case   of   gross   neglect 
of  duty  in  these  respects. 

(5)  He  shall  examine  the  teacher's  register  and  grade  book,  and 
the  trustees'  register;  if  the  boundary  of  the  district  is  not  correctly 
given,  he  shall  write  it  in  said  book  himself,  see  that  the  records  are 
properly  kept,  and  the  boundary  of  the   district,  the  contract  with 
the  teacher,  the  levy  of  a  tax,  if  any,  and  the  official  visits  and  pro- 
ceedings of  the  trustees  are  properly  recorded,  and  by  every  means 
in  his  power  strive  to  promote  and  advance  the  cause  of  common 
schools. 

§  53.  (§  4405  Ky.  St.)  Text  Books*for  Indigent  Children — Sup- 
plied by  County  Judge — Duties  of  Superintendent. —  (1)  It  shall  be 
the  duty  of  each  County  Superintendent,  before  the  opening  of  the 
schools  each  year,  and  from  time  to  time,  by  personal  observation 
or  from  trustees  and  teachers  and  otherwise,  to  ascertain  the  number 
and  cost  of  text-books  upon  each  of  the  common  school  branches 
needed  by  the  indigent  children  of  each  sub-district  and  of  the  county 
for  use  in  the  common  schools,  and  shall  report  to  the  county  judge 
the  number  and  kind  of  books  needed,  when  the  County  Judge  shall 
purchase  the  books  and  pay  for  them  by  an  allowance  made  by  the 
fiscal  court  of  the  county;  the  County  Judge  shall  then  turn  them  over 
to  the  County  Superintendent  for  distribution,  taking  receipt  for  the 
number  and  value  of  the  books,  but  the  cost  of  said  books  shall  not 
exceed  the  aggregate  of  two  hundred  dollars  in  any  county  per  annum. 

(2)  It  is  hereby  made  the  special  duty  of  the  County  and  City 
School  Superintendents  of  common  schools  to  report  to  the  County 
Judge  the  names  of  all  such  indigent  children  furnished  them  by 
trustees,  and  to  see  that  the  provisions  of  this  section  are  faithfully 
executed. 

OPINION    OF    THE    ATTORNEY    GENERAL. 

City  School  Superintendents  should  furnish  the  names  of 
all  indigent  children,  who  need  school  books,  to  the  County 
Judge,  and  the  County  School  Superintendent  should  furnish 
the  names  of  such  children  in  the  county  outside  of  the  city. 
They  should  then  be  furnished  to  the  County  Superintendent 
who  should  turn  over  to  the  City  School  Superintendent  the 
necessary  books  for  such  children  in  the  city. 

§  54.  (§  4406  Ky.  St.)  Superintendent  and  Trustees  to  Report 
Additional  Facts. — County  Superintendents  and  trustees  of  common 
schools  shall  report  facts  additional  to  those  now  required  to  be  re- 
ported, whenever,  in  the  judgment  of  the  board  or  of  the  Superin- 
tendent of  Public  Instruction,  the  interest  of  the  common  schools 
of  the  State  shall  indicate  the  necessity  therefor. 


22  KENTUCKY  SCHOOL  LAWS  1916. 

§  55.  (§  4407  Ky.  St.)  Teachers — Payment  of— Cities  Organ- 
ized as  Single  Districts. — (1)  Each  County  Superintendent  of  common 
schools  shall,  on  the  second  Saturday  in  October,  reckoning  school 
months  of  twenty  days,  pay  the  amount  due  each  teacher  of  a  com- 
mon school  for  the  month  or  months  completed  out  not  for  any  frac- 
tion of  a  month,  except  as  provided  in  section  189  of  this  act,  on  the 
certificate  of  the  trustee  for  the  sub-district  and  the  chairman  of  the 
educational  division  that  the  school  has  been  legally  taught  for  that 
period;  and  thereafter  the  County  Superintendent  shall,  on  the 
second  Saturday  of  each  calendar  month,  pay  the  salary  due  each 
teacher  of  a  common  school  for  the  previous  school  month  or  months 
not  previously  paid  for,  on  the  certificate  of  trustee  for  the  sub-district 
and  the  chairman  of  the  educational  division  that  the  school  has  been 
legally  taught  for  the  period  specified:  Provided,  That  all  of  said 
payments  shall  be  made  to  the  teacher  personally  or  on  written  order, 
and  that  last  payment  shall  be  made  for  the  entire  balance  due  the 
teacher,  including  the  undistributed  surplus  and  interest  on  the 
county  bond;  and  that  any  teacher  who  may  violate  his  contract  with 
the  Division  Board  by  refusing  to  continue  his  school  shall  forfeit 
any  fractional  salary  that  may  be  due  him. 

(2)  In  cities  and  towns  organized  as  single  districts,  and  report 
ing  direct  to  the  Superintendent  of  Public  Instruction,  the  provisions 
of  this  section  shall  equally  apply,  or  such  city  or  town  may  receive  in 
January  the  whole  amount  due  it  if  it  shall  so  desire.  In  either 
case  the  president  or  chairman  of  the  school  board  of  such  cities  or 
towns  shall  make  the  report  required  of  them  by  law,  under  oath, 
direct  to  the  Superintendent  of  Public  Instruction,  and  he  shall  draw 
his  warrant  on  the  Auditor  of  -Public  Accounts  in  favor  of  the  Treas- 
urer of  such  school  board,  which,  when  approved  and  countersigned 
by  the  Superintendent  of  Public  Instruction  shall  entitle  such  treas- 
urer to  a  warrant  on  the  treasury  of  the  State  for  the  amount  thereof; 
and  the  said  Treasurer  and  securities  shall  be  accountable  for  the 
same  upon  his  official  bond,  in  any  action  by  such  School  Board,  of 
which  the  Superintendent  of  Public  Instruction  shall  be  officially 
notified.  (See  Sees.  9,  10,  11.)  (Certificates  to  teach  in  school  organ- 
ized by  special  act.  See  notes,  Sec.  91.) 

DECISION  OF   THE   COURT   OF  APPEALS. 

The  statute  does  not  leave  with  the  County  Superintend- 
ent of  Schools  the  question  of  the  amount  of  salary  that  may 
be  due  a  teacher.  That  important  duty  is  wisely  confided  to 
the  Chairman  of  the  Board  of  Trustees,  and  the  County  Super- 
intendent merely  performs  the  clerical  duty  of  paying  out  the 
money  upon  the  certificate  of  the  board  having  immediate 
charge  of  the  teaching-  force. 

Sections  55  and  119  mean  that  the  public  school  fund  can 
be  paid  out  to  the  teachers  by  the  County  Superintendent, 
only  when  said  school  has  been  legally  taught,  and  that  fact 
certified  to  by  the  proper  official.— Vaughan  v.  Hindman,  145 
ICy . ,  507. 


COUNTY  SUPERINTENDENT.  23 

§  56.  (§  4408  Ky.  St.)  Superintendent — Punishment  for  False 
Report. —  (1)  Any  County  Superintendent  who  shall  knowingly  and 
wilfully  report  to  the  Superintendent  of  Public  Instruction  a  number 
of  common  schools  as  having  been  taught  in  his  county  greater  than 
the  number  of  schools  having  actually  been  taught  herein  according 
to  law,  or  a  number  of  children  entitled  to  tuition  in  his  county 
greater  than  the  actual  number  of  such  children,  or  otherwise  know- 
ingly or  wilfully  misstate  any  fact  or  facts  which  he  is,  or  may  be 
hereafter,  required  by  law  to  report  to  the  Superintendent  of  Public 
Instruction,  shall  be  deemed  guilty  of  a  felony,  and,  upon  conviction 
thereof,  he  fined  in  a  sum  not  less  than  two  hundred  nor  more  than 
five  hundred  dollars,  or  imprisoned  in  the  penitentiary  not  less  than 
one  nor  more  than  ten  years,  or  both  fined  'and  imprisoned  in  the 
discretion  of  the  jury,  and  be  removed  from  office. 

(2)  And  all  sums  recovered  from  him  by  due  process  of  law,  or 
by  voluntary  surrender  of  the  excess  taken  by  him,  shall  be  paid 
into  the  school  fund. 

§  57.  (§  4409*  Ky.  St.)  Settlement  With  County  Judge— Money 
Not  Paid  Out  Returned  to  Treasurer — Penalty — Duty  of  County 
Judge. —  (1)  Each  County  Superintendent  shall  on  or  before  the  first 
day  of  August,  annually  settle  his  accounts  for  the  previous  school 
year  with  the  County  Judge  of  his  county  and  forward  a  copy  of  said 
settlement,  certified  by  the  clerk  of  said  court  to  be  correct,  to  the 
Superintendent  of  Public  Instruction.  Said  settlement  shall  embrace 
all  sums  received  since  the  -date  of  his  last  settlement  by  said  county 
Superintendent  for  the  benefit  of  common  schools  taught  during  the 
school  year;  a  full  statement  of  all  such  sums  paid  out  by  him,  for 
what,  to  whom,  and  when  paid;  and  should  any  part  of  said  fund 
received  by  him  as  aforesaid  remain  uncalled  for,  and  not  be  paid  out, 
he  shall  immediately  refund  said  amount  to  the  State.  Treasurer,  stat- 
ing why  it  was  not  paid  out  and  at  the  same  time  notify  the  Superin- 
tendent of  Public  Instruction  that  he  has  refunded  the  said  amount, 
that  he  may  give  said  County  Superintendent  proper  credit  on  his 
books  for  said  amount  refunded. 

(2)  The  receipt  of  the  Auditor  for  money  refunded  shall  be  suffi- 
cient voucher  with  the  County  Judge  in  said  settlement. 

(3)  Should  a  copy  of  such  settlement  fail  to  reach  the  Superin- 
tendent of  Public  Instruction  by  the  tenth  of  that  month  it  shall  be 
his  duty  to  notify  the  County  Judge  and  the  delinquent  County  Su- 
perintendent of  the  fact;  and  upon  receiving  such  notification  it  shall 
be  the  duty  of  the  judge,  in  case  the  settlement  shall  not  have  been 
made,  immediately  to  compel  a  settlement  by  attachment,  as  in  cases 
of  contempt,  and  a  copy  thereof  to  be  forwarded  to  the  Superintendent 
of  Public  Instruction. 

(4)  For  his  willful  failure  to  pay  out  to  those  entitled  hereto  any 
money  in  his  hands  for  the  space  of  thirty  days  after  the  same  shall 
be  received  by  him,  or  for  his  willful  failure  to  make  the  aforesaid 


24  KENTUCKY  SCHOOL  LAWS  1916. 

settlement  by  the  time  required  by  law,  the  County  Superintendent 
shall  be  guilty  of  misdemeanor  and  being  indicted  and  convicted 
thereof  he  shall  be  fined  in  a  sum  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars,  as  well  as  remain  liable  on  his  official  bond, 
and  may  be  removed  from  office. 

OPINION    OP    THE    ATTORNEY    GENERAL. 

The  County  Clerk's  fees  for  recording-  the  settlement 
made  by  the  County  Superintendent  with  the  Fiscal  Court 
should  be  paid  out  of  the  county  fund,  and  not  out  of  the 
school  funds. 

§  58.  (§  4410  Ky.  St.)  Report  to  be  Made  Annually — Penalty  for 
Failure — Present  at  Office. —  (1)  He  shall  on,  or  before  the  first  day 
of  August,  prepare  and  mail,  and  cause  to  be  placed  in  the  hands  of 
the  Superintendent  of  Public  Instruction,  his  official  report,  showing, 
in  tables  of  details  and  aggregates,  the  school  sub-districts  of  his 
county  by  number,  the  name  and  address  of  the  trustee  of  each  sub- 
district,  with  date  at  which  each  one's  term  expires;  the  sub-districts 
in  which  schools  were  taught,  and  the  length  of  time  taught;  the 
highest,  lowest,  and  average  of  number  of  children  at  school;  the 
cost  of  tuition  of  each  child  for  the  session  and  per  month;  the  num- 
ber of  private  schools,  academies  and  colleges  taught  in  the  county, 
and  length  of  session  of  the  same;  the  number  of  teachers  employed 
— male,  female  and  total — for  the  common  schools;  the  average  wages 
for  male  teachers,  female  teachers,  and  total  teachers  per  month;  the 
name  and  address  of  teachers  resident  in  his  county,  with  grades  of 
certificate  of  each;  the  amount  of  money  raised  for  common  school 
purposes  in  the  county,  by  local  tax  or  otherwise,  and  for  what  the 
same  was  disbursed;  the  number  and  kind  of  school  houses,  and  the 
value  of  each;  the  number  of  sub-district  libraries,  also  county  library, 
if  any,  and  number  of  volumes  in  each,  and  the  increase  during  the 
year;  the  amount  he  has  received  for  official  compensation  and  ex- 
penses. 

(2)  For  willful  failure  to  be  present  at  his  office  at  the  time  ap- 
pointed to  receive  reports,  or  for  failing  to  make  the  reports  herein 
required,  he  shall  be  fined  a  sum  not  exceeding  fifty  dollars.  (See 
Sees.  63,  122,  201.) 

§  59.  (§  4411  Ky.  St.)  Record  of  Official  Acts  Su-bject  to  Inspec- 
tion.— Each  County  Superintendent  shall  keep  a  detailed  account  of 
all  money  received  and  disbursed  by  him;  a  record  of  all  business 
transacted  by  him  as  County  Superintendent,  together  with  the  re- 
ports of  the  trustees;  the  names,  numbers  and  description  of  school 
sub-districts,  and  all  other  papers  and  documents  connected  with  his 
office,  at  all  times  subject  to  inspection  and  examination  by  any 
school  officer  or  other  person  interested  in  any  question  pertaining  to 
the  common  schools.  (See  Sec.  41.) 

§  60.     (§  4412  Ky.  St.)     Devise  or  Gift  to  Schools  of  County— Duty 


COUNTY  SUPERINTENDENT.  25 

Concerning. — Any  devise,  gift  or  donation  of  any  real  or  personal 
estate  in  aid  of  the  common  schools  of  any  county  of  this  State  shall 
be  held  in  trust  by  the  County  Superintendent,  and  he  shall  be 
required  to  make  settlement  in  regard  thereto,  in  the  same  manner 
in  which,  and  at  the  time  when,  he  makes  settlement  in  regard  to 
the  money  received  from  the  revenue  of  the  school  fund;  and  he  shall 
send  a  copy  of  such  settlement  to  the  Superintendent  of  Public 
Instruction.  (See  Sees.  19,  39.) 

§  61.  (§  4413  Ky.  St.)  Oath  May  be  Administered  by.— A  County 
Superintendent  may  administer  the  oath  required  of  a  trustee  or  of 
a  teacher  of  common  schools,  or  other  persons  required  to  make  oath 
in  matters  relating  thereto.  (See  Sees.  62,  92,  177.) 

§  62.  (§  4414  Ky.  St.)  Administering  Oath  to  Trustees— -Record 
Concerning — Notice. — (1)  He  shall  administer  the  oath  of  office  to 
trustees-elect  applying  to  him  for  that  purpose;  but  it  shall  be  lawful 
for  any  justice  of  the  peace,  or  other  person  authorized  to  administer 
oaths,  to  administer  the  oath  of  office  to  any  trustee;  but  said  oath 
shall  not  be  valid  unless  reported  in  writing  to  the  County  Superin- 
tendent by  said  Justice  or  other  person  within  ten  days  from  the  time 
when  administered. 

(2)  He  shall  make  a  record  of  the  names  of  trustees  then  quali- 
fied, showing  the  sub-districts  in  which  they  were  elected,  and  the 
postoffice  of  each.     He  shall,  at  the  time,  deliver  to  the  trustee  of 
each  sub-district  such  blanks  as  they  will  need  for  the  coming  school 
year,  and  give  such  information  with  regard  to  their  duties  as  may  be 
requested. 

(3)  He  shall  address  all  official  correspondence  to  the  trustees. 
Notice  to  them  shall  be  regarded  as  notice  to  the  people  of  the  sub- 
district,  and  it  shall  be  the  duty  of  the  trustee  to  notify  the  people. 
(See  Sec.  61.) 

DECISION  OF  THE  COURT  OF  APPEALS. 

Neither  a  parole  resignation  by  a  school  trustee  nor  a 
written  resignation,  to  which  his  name  was  signed  by  another, 
is  valid. 

If  a  trustee  took  the  oath  of  office  before  a  County  Su- 
perintendent, and  his  record  fails  to  show  that  fact,  it  does 
not  deprive  the  trustee  of  his  right  to  the  office.— Graham, 
etc.  v.  Jackson,  etc.,  112  Ky.,  883. 

§  63.  (§  4415  Ky.  St.)  Attendance  at  Office.— It  shall  be  the 
duty  of  the  County  Superintendent  to  be  in  attendance  at  his  office, 
at  the  county  seat,  on  the  second  Saturday  of  e'ach  month,  and  at 
such  other  times  as  may  be  necessary,  to  transact  his  official  busi- 
ness. (See  Sec.  58.) 

§  64.  (§  4416  Ky.  St.)  Penalty  for  Buying  Teachers'  Claim  or 
Acting  as  Text-Book  Agent. — No  County  Superintendent  shall  be 
allowed  to  buy,  for  himself,  or  another,  any  teacher's  claim,  directly 
or  indirectly,  or  to  act  as  agent  for  the  sale  of  any  text-book.  Any 


26  KENTUCKY  SCHOOL  LAWS  1916. 

superintendent  guilty  of  violating  this  section  shall  be  fined  not  less 
than  one  hundred  nor  more  than  one  thousand  dollars  for  each  offense. 
(See  Sec.  124.) 

§  G5.  (§  4417  Ky.  St.)  Teacher  or  Trustee  After  Notice  May  Be 
Suspended  or  Removed. — For  incompetency,  neglect  of  duty,  or  im- 
moral conduct,  or  other  disqualification,  the  County  Superintendent 
may  suspend  or  remove  from  office  any  trustee  or  teacher  of  any 
school  under  his  supervision.  But  before  a  County  Superintendent 
shall  suspend  any  trustee  or  teacher  he  shall  give  said  trustee  or 
teacher  at  least  five  days'  notice  of  the  charges  made  against  him,  and 
give  the  trustee  or  teacher  an  opportunity  to  produce  evidence,  and 
defend  any  action  against  him.  (See  notes  Sees.  189,  190.) 

DECISIONS   OF  THE   COURT  OP  APPEALS. 

There  can  be  no  doubt  that  a  teacher  who  habitually  uses 
intoxicating-  liquors  to  excess,  or  while  in  the  discharge  of 
his  duty  as  a  teacher,  would  not  be  a  fit  or  competent  person, 
under  the  Statute,  to  perform  the  duties  imposed  by  law  upon 
common  school  teachers,  and  it  would  be  the  duty  of  the 
County  Superintendent  to  revoke  the  certificate  of  such  person. 
—Bowman  v.  Ray,  etc.,  118  Ky.,  110. 

This  section  does  not  apply  to  graded  school  trustees  or 
teachers  and  a  County  Superintendent  can  not  appoint  or 
remove  them.— Mathews,  etc.  v.  Rogers,  etc.,  107  Ky.,  236. 

Under  sections  65,  74  and  185  a  County  Superintendent  lias 
no  right  to  revoke  a  teacher's  certificate,  because  such  teacher 
furnished  assistance  to  an  applicant  for  a  certificate  while  he 
was  being-  examined  for  that  purpose.— Superintendent,  etc.  v. 
Taylor,  105  Ky.,  387. 

OPINIONS   OF   THE  ATTORNEY   GENERAL. 

No  appeal  lies  from  the  action  of  the  County  Superin- 
tendent revoking  the  certificate  of  a  teacher  for  cheating-,  by 
reporting-  a  day  taug-ht  when  it  was  proven  that  he  did  not 
teach  the  day.  If  the  teacher  can  obtain  any  relief  he  must 
go  into  the  courts. 

The  County  Superintendent  or  any  other  officers  or  wit- 
nesses are  not  entitled  to  cost  in  a  proceeding  .to  review  the 
decision  of  a  division  board,  in  attempt  to  dismiss  a  teacher. 

§  66.  (§  4418  Ky.  St.)  Questions  Concerning  Schools  in  County 
Decided  By — Appeals. — (1)  The  County  Superintendent  shall  decide 
all  questions  of  difference  or  doubt  touching  the  administrative  duties 
of  the  officers  and  teachers  of  common  schools  in  his  county;  but 
appeals  from  his  acts  and  decisions  may  be  had,  on  petition  of  any 
interested  person,  to  the  Superintendent  of  Public  Instruction. 

(2)  The  County  Superintendent  shall  conform  to  such  reasonable 
rules  and  requirements  as  the  Superintendent  of  Public  Instruction 
shall,  from  time  to  time,  prescribe  and  announce  to  them.  (See  Sees. 
38,  110  and  notes.) 

§  67.  (§  4420  Ky.  St.)  Vacancy  in  Office— How  Filled— County 
Court  May  Remove — Appeal. —  (1)  In  case  of  the  death,  removal  or 
resignation,  refusal  to  serve  or  inability  of  the  County  Superintendent 
elected  to  give  the  bond  required  or  to  perform  the  duties  of  the 
office,  a  successor  shall  be  appointed  or  elected  as  follows:  If  the 


COUNTY  SUPERINTENDENT.  27 

unexpired  term  will  end  at  the  next  succeeding  annu'al  election,  or, 
if  the  unexpired  term  will  not  end  at  the  next  succeeding  annual 
election,  and  three  months  intervene  before  said  annual  election,  the 
county  judge  of  each  county  is  authorized  to  appoint  a  successor, 
duly  qualified  according  to  section  46  of  this  act,  to  continue  in  office 
until  the  next  succeeding  annual  election,  when  one  shall  be  elected 
for  the  unexpired  term.  If  the  unexpired  term  does  not  end  at  the 
next  succeeding  annual  election,  and  the  three  months  do  not  inter- 
vene between  the  happening  of  said  vacancy  and  the  next  succeeding 
annual  election,  the  county  judge  shall  appoint  a  successor  of  said 
qualification  to  continue  in  office  until  the  second  succeeding  annual 
election,  when  one  shall  be  elected  for  the  unexpired  term. 

(2)  In  case  of  a  vacancy  in  this  office  the  county  judge  shall,  as 
soon  as  practicable,  notify  the  Superintendent  of  Public  Instruction, 
and  request  him  to  appoint  a  day  and  furnish  questions  for  an  exam- 
ination to  fill  said  vacancy;   and  the  said  examination  shall  be  con- 
ducted in  a  manner  prescribed  by  law. 

(3)  The  county  court  may,  at  any  regular  term,  after  ten  days' 
notice,    remove    a    County    Superintendent   for   inability    or   habitual 
neglect  of  duty  or  malfeasance  in  office.     An  appeal  to  the  circuit 
court  may  be  taken  from  the  order  of  the  county  court  removing  the 
superintendent,  and  from  the  circuit  court  to  the  Court  of  Appeals, 
as  in  civil  actions. 

§  68.  (§  4421  Ky.  St.)  Books  and  Effects  to  be  Delivered  to  Suc- 
cessor— Settlement — Penalty. —(1)  Each  County  Superintendent,  when 
he  resigns,  vacates,  is  removed  or  goes  out  of  office,  shall  immediately 
thereafter  deliver  to  his  successor,  or  to  the  county  court  clerk  for 
him,  any  money,  property,  books,  effects  or  papers  remaining  in  his 
hands  as  County  Superintendent,  and  within  ten  days  shall  settle 
with  the  county  court,  and  for  failure  to  do  so  shall  be  fined  not 
less  than  fifty  dollars  nor  more  than  one  hundred  dollars. 

(2)  It  shall  be  the  duty  of  the  county  clerk  to  forward  a  certified 
copy  of  said  settlement  to  the  Superintendent  of  Public  Instruction. 

§  69.  (§4099  Ky.  St.)  Superintendent  of  Schools  and  Clerk  to 
Furnish  Boundary  to  Company. — (1)  It  shall  be  the  duty  of  the  County 
Superintendent  of  county  schools  in  each  county  in  which  a  railroad 
or  bridge  is  operated  to  furnish,  on  or  before  the  first  day  of  July 
of  each  year,  to  such  railroad  or  bridge  company  or  companies  the 
boundary  of  each  graded  or  common  school  district  through  or  into 
which  any  part  of  such  railroad  or  bridge  or  other  railroad  or  bridge 
property  is  situated;  and  the  county  clek  of  any  county  containing  any 
other  taxing  district  through  or  into  which  any  railroad  or  bridge 
company  is  located  shall  make  a  similar  report  to  such  railroad  or 
bridge  company. 

(2)  Any  County  Superintendent  or  county  clerk  failing  to  make 
report  as  herein  required,  or  who  shall  make  false  report,  shall  be 
deemed  guilty  of  misdemeanor,  and  upon  conviction,  shall  be  fined 


28  KENTUCKY  SCHOOL  LAWS  1916. 

not  less  than  fifty  nor  more  than  one  hundred  dollars  for  each 
offense. 

§  70.  (§  4100  Ky.  St.)  School  Tax  Paid  to  Superintendent.— 
All  taxes  against  any  railroad  or  bridge  company,  which  shall  be 
levied  in  any  common  school  district,  shall  be  paid  by  said  railroad 
or  bridge  company  to  the  Superintendent  of  Common  Schools  of  the 
county  for  the  benefit  of  the  district  entitled  thereto. 

§  71.  (§  4101  Ky.  St.)  White  and  Colored  School  Districts.— The 
provisions  of  this  Taw  shall  not  be  construed  to  apply  to  any  colored 
school  district;  Provided,  That  the  same  rate  of  taxation  assessed 
against  the  real  estate  of  any  railroad  or  bridge  company  or  corpora- 
tion in  any  graded  school  district  or  common  school  sub-district,  in 
any  year,  shall  be  assessed  against  all  of  the  taxable  property,  in 
such  district  or  subdistrict,  and  the  railroad  or  bridge  tax,  when  col- 
lected, shall  be  paid  over  to  the  County  Superintendent  of  the  county 
in  which  the  district  or  subdistrict  school  house  wherein  the  tax 
assessed  shall  be  situated,  and  shall  constitute  and  be  held  by  the 
County  Superintendent  as  a  graded  or  common  subdistrict  school 
fund;  and  the  said  fund  shall  be  apportioned  and  distributed  by  the 
County  Superintendent  between  the  white  graded  common  school  or 
white  common  school  sub-district  wherein  said  tax  shall  be  collected 
and  any  colored  common  school  district  which  shall  be  located  over 
the  same  boundary;  the  distribution  shall  be  in  the  same  ratio  that 
the  whole  number  of  white  children  of  pupil  age  and  the  whole  num- 
ber of  colored  children  of  pupil  age  residing  in  the  district  or  sub- 
district  shall  bear  to  the  whole  number  of  children,  white  and  colored, 
residing  in  the  district  wherein  such  tax  shall  be  collected. 

DECISIONS  OF  THE   COURT  OF  APPEALS. 

A  colored  common  school,  ungraded,  is  entitled  under  this 
section  to  its  pro  rata  share  of  the  railroad  school  tax,  to  be 
determined,  as  further  provided  in  this  section,  by  the  number 
of  colored  pupils  in  that  district  as  compared  to  the  number  of 
white  pupils  therein. 

A  colored  common  school  district,  as  used  in  this  section, 
was  intended  and  should  be  construed  to  mean,  and  include, 
9,  colored  common  school  in  the  district,  whether  graded  or 
ungraded. 

A  graded  school  is  a  common  school  in  the  meaning-  of 
the  words,  common  school  as  defined  in  section  2.— Trustees, 
etc.  v.  West,  163  Ky.,  568. 

Taxes  levied  by  white  graded  common  school  districts 
upon  the  property  of  a  railroad  must  be  apportioned  between 
the  white  district  and  the  colored  school  district,  if  their 
boundaries  are  the  same.— Thornton,  etc.  v.  White,  etc.,  162 
Ky.,  796. 

Taxes  not  affect  graded  school.— Commonwealth,  etc.  v. 
Fergruson,  etc.,  128  S.  W.,  95. 

§  72.  (§  4102  Ky.  St.)  Rate  of  Taxation— Bridges— Auditor  to 
Notify  Clerks. —  (1)  The  same  rate  of  taxation  for  State  purposes  which 
is  or  may  be  in  any  year  levied  on  other  real  estate,  shall  be  and  is 
hereby  levied  upon  the  value,  so  found  by  said  board,  of  the  railroad 
bridge,  rolling  stock,  and  real  estate  of  each  company;  and  the  same 


COUNTY  SUPERINTENDENT.  29 

rate  of  taxation  for  the  purposes  of  each  city,  town,  part  of  a  county 
or  tax  district,  of  any  kind,  in  which  any  portion  of  any  railroad  or 
bridge  is  located,  which  is,  or  may  be  in  any  year  levied  on  other  real 
estate  of  said  company  therein,  and  of  the  number  of  miles  on  said 
road,  therein,  reckoned  as  of  the  value  of  the  average  of  each  mile 
of  such  railroad,  with  its  rolling  stock,  as  ascertained  as  aforesaid: 
Provided,  That  railroad  bridges,  spanning  any  river  which  constitutes 
the  boundary  or  State  line  of  the  Commonwealth,  shall  be  assessed 
as  of  the  counties  in  which  they  are  located,  and  local  tax  derived 
therefrom  shall  be  applied  to  each  city,  town,  county  or  tax  district 
in  which  said  bridges  are  or  may  be  located. 

(2)  And  immediately  after  said  board  shall  have  completed  its 
valuations  each  year,  the  Auditor  of  Public  Accounts  shall  notify  the 
clerk  of  each  Bounty  court  of  the  amount  so  assessed  for  taxation  in 
his  county  and  each  railroad  or  bridge  company  of  the  amount  of 
the  assessment  for  taxation  for  State  purposes  and  for  the  purposes 
of  such  city,  town,  county,  part  of  county  and  tax  district. 


30  KENTUCKY  SCHOOL  LAWS  1916. 

CHAPTER  VII. 

COUNTY  BOARD  OF  EXAMINERS. 

§  73.  (§  1422  Ky.  St.)  Appointment  and  Qualification  Oath. — 
(1)  The  County  Superintendent  shall  appoint  two  strictly  moral  and 
well-educated  persons,  holding  county  certificates  of  the  first  class, 
State  certificates,  State  diplomas  or  diplomas  from  some  literary  in- 
stitution of  high  learning,  who,  together  with  himself,  shall  constitute 
a  board  of  examiners  for  the  county. 

(2)  No  person  shall  be  eligible  as  examiner  on  said  county  board 
who  is  at  the  time  or  for  six  months  previous  thereto  has  been  con- 
ducting or  teaching  in  any  school,  college  or  university  where  teach- 
ers or  those  preparing  to  teach  are  making  preparations  to  be  exam- 
ined  for  certificates  to  teach  in  the  common  schools  of  this   State. 

(3)  Before  they   shall  be  authorized  to  act  in  any   capacity  as 
such  board,  or  grant  any  certificates,  said  examiners  shall  take  and 
subscribe  to  an  oath  that  they  will  faithfully  discharge  their  duties 
as  required  by  the  common  school  law,  and  the  said  affidavit  shall 
be  filed  in  the  office  of  the  clerk  of  the  county  court.     (See  Sees. 
61,  7.) 

DECISION  OF  THE  COURT  OF   APPEALS. 

The  County  Superintendent  has  power  to  remove  his 
associates  from  the  county  board  without  notice  or  the  assign- 
ment of  any  reason.— Johnson,  etc.  v.  Ginn  &  Co.,  105  Ky.,  654. 

§  74.  (§  4425  Ky.  St.)  Certificate  to  Teachers— Affidavit— Pen- 
alty.— All  applications  for  teachers'  county  or  State  certificates,  or 
State  diplomas  in  the  Commonwealth  of  Kentucky,  immediately  before 
entering  upon  examination  shall  subscribe  to  the  following  oath,  which 
shall  be  presented  to  them  by  any  of  the  board  of  examiners,  viz.: 
"I  do  solemnly  swear  (or  affirm)  that  I  have  not  had  access,  directly 
or  indirectly,  to  the  State  Board  or  other  questions  to  be  used  in  this 
examination,  and  that  I  have  no  personal  knowledge  of  any  unlawful 
usage  of  the  aforesaid  questions  by  any  other  person  or  persons,  which 
knowledge  I  have  not  communicated  to  the  grand  jury,  County  Attor- 
ney or  County  Superintendent  of  Schools  of  the  county  in  which  the 
aforesaid  person  or  persons  did  unlawfully  use  or  attempt  to  use 
said  questions." 

The  Superintendent  of  Public  Instruction  shall  furnish  each 
County  Superintendent  in  the  Commonwealth  with  a  sufficient  num- 
ber of  copies  of  the  oath  prescribed  in  this  act,  printed  on  sheets 
with  blank  space  below  for  names  and  addresses  of  applicants.  Each 
copy,  after  being  subscribed  to  by  applicants  as  provided  in  thi*  act, 
shall  he  dated  and  signed  officially  by  the  Board  of  Examiners  and 


COUNTY  BOARD  OF  EXAMINERS.  31 

preserved  in  the  office  of  the   Superintendent  of  Public  Instruction 
or  County  Superintendent  of  Common  Schools  as  a  public  record. 

Any  Superintendent  of  Public  Instruction  or  County  Superin- 
tendent of  Common  Schools  or  Board  of  Examiners  for  teachers' 
county  or  State  certificates  or  State  diplomas  failing  to  comply  with 
the  provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and,  upon 
conviction  thereof,  shall  be  fined  in  a  sum  not  less  than  fifty  dollars 
nor  more  than  one  hundred  dollars  for  each  offense.  (See  Sees.  61, 
177  and  notes  Sec.  65.) 

DECISIONS  OF  THE  COURT  OF  APPEALS. 

County  Board  of  Examiners  have  no  arbitrary  power  to 
refuse  a  certificate.— Flynn  v.  Barnes,  156  Ky.,  498. 

If  a  teacher  makes  a  required  grade  he  is  entitled  to  a 
first  class  certificate,  and  the  board,  without  special  cause, 
has  no  right  to  withhold  it  from  him. — Northington  v.  Sub- 
lette,  etc.,  114  Ky.,  72. 

§  75.  (§  4426  Ky.  St.)  Penalty  for  Improperly  Granting  Certifi- 
cate.—  (1)  Any  County  Superintendent  or  County  Examiner  who  shall 
knowingly  grant  to  any  immoral  person,  or  to  any  person  under  the 
prescribed  age,  a  certificate  to  teach  in  the  common  schools,  or  who 
shall  permit  any  one  to  take  an  examination  who  is  under  the  pre- 
scribed age  prior  to  the  date  of  examination,  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  not  less 
than  fifty  nor  more  than  one  hundred  dollars  tor  each  offense. 

(2)  If  there  should  be  any  doubt  as  to  the  age  of  an  applicant,  the 
superintendent  may  require  the  applicant  to  take  and  subscribe  to -an 
oath  as  to  his  age  before  entering  the  examination. 

(3)  Any  County  Superintendent,  County  Examiner,  printer,  offi- 
cer of  State  or  county,  or  any  other  person  who  shall  sell,  barter,  give 
or  furnish,  or  procure  to  be  sold,  bartered,  given  or  furnished,  to  any 
applicant  for  a  certificate,  or  to  any  other  person,  or  any  other  person 
who-  shall  have  in  his  possession  unlawfully,  or  in  any  way  not  pro- 
vided by  law,  any  question  or  questions  prepared  or  sent  out  by  the 
Superintendent  of  Public  Instruction  or  the  State  Board  of  Examin- 
ers, for  the  examination  of  persons  applying  for  such  certificate  or 
in   any   way   dispose   of   such   question   or   questions,   except   in   the 
manner  provided  by  law,  shall  be  guilty  of  a  felony  and  shall  upon 
conviction  be   punished  by  confinement  in  the  penitentiary  not  less 
than  one  year  nor  more  than  two  years. 

(4)  Any  applicant  for  a  State  diploma,  State  certificate  or  county 
certificate  who  shall  either  give  or  receive  any  assistance  in  answer- 
ing any  question  during  any  examination  for   such   certificate   shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  punished 
by  expulsion  from  examination. 


32  KENTUCKY  SCHOOL  LAWS  1916. 

CHAPTER  VIII. 

DISTRICTS. 

§  76.  (§  4426a-l  Ky.  St.)  County  to  Compose  School  District — 
Excepting. — Each  and  every  county  in  this  Commonwealth  shall  com- 
pose one  school  district,  excepting  that  where  there  is  a  city  or  town 
in  any  county  which  maintains  a  separate  system  of  public  schools, 
then  the  balance  of  said  county  outside  of  such  city  or  town  district 
shall  constitute  a  school  district. 

§  77.  (§  4426a-2*  Ky.  St.)  Educational  Divisions— Graded  Schools 
—Number  of  Children  in  District.— (1)  Within  thirty  days  after  this 
act  goes  into  effect  the  County  Superintendent  of  Schools,  the  County 
Judge  and  the  County  Attorney  in  each  county  of  the  Commonwealth 
shall  meet  at  the  court  house  of  their  respective  counties,  upon  the 
call  of  the  County  Superintendent  of  Schools,  and  shall  divide  each 
county  school  district,  as  provided  in  section  one,  into  educational 
divisions  containing  as  nearly  as  possible  an  equal  number  of  chil- 
dren of  school  age,  including  both  white  and  colored  children,  as 
shown  by  the  last  census  of  school  children,  and  in  each  county  the 
said  officers  may  make,  as  may  seem  expedient,  either  four,  six,  or 
eight  of  such  educational  divisions,  and  in  fixing  the  boundaries  of 
said  educational  divisions,  they  shall  be  made  to  follow,  as  nearly 
as  practicable,  the  boundaries  of  existing  school  districts  for  white 
children. 

(2)  They  shall  have  the  power  to  change  the  boundaries  of  educa- 
tional divisions  whenever  such  change  becomes  necessary. 

(3)  The   County  Judge,   County  Superintendent  of  Schools  and 
County  Attorney  shall  then  subdivide  each  of  the  said  educational  div- 
isions into  school  subdistricts,  following  as  nearly  as  practicable  the 
boundaries  of  existing  school  districts  for  white  children:   Provided, 
That  any  graded  common  school  districts  that  may  exist  in  any  educa- 
tional division  or  that  may  hereafter  be  established  according  to  law, 
whether  operating  under  special  charter  or  established   by  popular 
vote,  as  provided   for  in  the   laws   relating   to  the   graded   common 
schools,  and  the  school  districts  now  operating  within  municipal  dis- 
tricts established  and  corporated  under  special  charter  and  supple- 
menting the  State  school  fund  by  loc'al  tax  of  not  less  than  twenty 
cents  on  each  one  hundred  dollars  of  assessed  valuation  of  property, 
shall  retain  their  present  boundaries  and  be  exempt  from  the  pro- 
visions of  this  act. 

(4)  The   provisions   of   this   act   shall   not   apply  to   any   graded 
school  district  created  by  special  act  and  having  a  school  fund  other 
than  provided  by  general  law. 


SUBDISTRICTS.  33 

(5)  The  boundaries  of  any  such  school  sub-district  as  above  fixed 
shall  include  all  children,  both  white  and  colored,  residing  in  said 
subdistrict,  and  said  subdistrict  shall  not  include,  except  in  cases 
of  emergency,  fewer  than  fifty  white  children  of  school  age,  nor  in 
any  case  fewer  than  twenty-five  such  children  subject  to  approval 
of  the  State  Board  of  Education.  (See  Sec.  142.) 

DECISION  OP  THE  COURT  OP  APPEALS 

A  colored  common  school  may  embrace  the  white  graded 
school  district  within  its  territory  and  the  County  Board  of 
Education  has  complete  control  and  jurisdiction  over  such  ter- 
ritory for  colored  school  purposes. — Grady  v.  Larue  County, 
etc.,  149  Ky.,  49. 

§  78.  (§  4426a-10  Ky.  St.)  School  Districts  May  Be  Made.— The 
County  Board  of  Education  shall  have  full  power,  when  necessary,  to 
lay  off  or  establish  new  school  sub-districts,  or  to  change  the  bound- 
aries of  those  already  established.  (See  notes  Sec.  51.) 

§  79.  (§  442Ga-18  Ky.  St.)  Sub-districts — Concerning— Districts 
Parts  of  Two  Counties. —  (1)  With  the  concurrence  of  th'e  county 
boards  the  County  Superintendents  of  two  or  more  adjoining  counties, 
where  the  division  line  intersects  a  neighborhood  whose  convenience 
requires  it,  may  lay  off  a  sub-district  composed  of  parts  of  these 
counties. 

(2)  The  selection  and  payment  of  teachers  and  control  of  such 
sub-districts  shall  be  lodged  in  the  county  board  of  the  county  in  which 
the  school  building  is  located,  but  the  county  board  of  the  other  con- 
tracting county  or  counties,  shall  pay  such  proportion  of  the  total  ex- 
pense of  conducting  said  school  as  may  be  mutually  satisfactory  and 
stated  in  a  written  contract,  which  contract  shall  also  state  definitely 
the  boundaries  of  such  fractional  sub-district.     Said  contract  shall  be 
spread  upon  the  minutes  of  each  board  and  duplicate  copies  signed  by 
the  president  and  secretary  of  each  board  shall  be  filed  in  the  office 
of  the  county  clerk  of  each  of  the  contracting  counties. 

(3)  In  the  sub-districts   thus   constituted,  one  trustee   who  may 
reside  in  either  fraction  shall  be  elected  from  the  sub-district  at  large, 
but  said  trustee  shall  be  deemed  a  resident  of  the  educational  division 
of  the  controlling  county  as  hereinbefore  provided. 

(4)  The  duties  of  the  trustees  of  such  fractional  sub-districts  shall 
be  the  same  as  those  of  other  sub-district  trustees,  save  that  in  making 
a  census  of  the  children  of  school  age  residing  in  the  sub-district,  he 
shall  list  the  children  of  the  two  or  more  counties   separately   and 
make  returns  separately  to  each  County  Superintendent  of  the  children 
residing  in  the  respective  counties. 

§  80.  (§  4426a-17*  Ky.  St.)  Consolidation  of  Sub-districts. — The 
County  Board  of  Education  of  any  county  shall  have  power  to  con- 
solidate, with  reference  to  the  needs  of  either  white  or  colored  chil- 
dren, any  two  or  more  contiguous  school  subdistricts,  and  in  case 

S.  L.— 2 


34  KENTUCKY  SCHOOL  LAWS  1916. 

of  such  consolidation  school  houses  shall  be  built  or  acquired,  located 
at  some  point  convenient  to  the  patrons  of  such  consolidated  school 
sub-district,  and  of  sufficient  capacity  to  accommodate  the  pupil  popula- 
tion of  each  consolidated  school  sub-district,  and  such  schools  shall  be 
called  and  known  as  consolidated  schools.  (See  notes  Sec.  84.) 
Shanklin,  etc.  v.  Boyd,  etc.,  146  Ky.,  460. 

OPINION    OF    THE    ATTORNEY    GENERAL. 

It  would  be  the  duty  of  the  County  Board  of  Education 
to  select  some  point  nearest  the  center  of  the  district  which 
would  be  the  most  convenient  to  the  pupils  of  all  of  the  con- 
solidated districts. 

§  81.  (§  4426a-17*  Ky.  St.)  One  Trustee  for  Consolidated  School. 
— Such  consolidated  school  shall  have  one  trustee  who  shall  be  elected 
at  the  same  time  and  in  the  same  manner,  and  whose  duties  and 
powers  shall  be  the  same  as  sub-district  trustees. 

§  82.  (§  4426a-17*  Ky.  St.)  Teacher  Elected  How.— Teachers  for 
such  consolidated  schools  shall  be  employed  in  the  same  manner  as 
teachers  for  school  sub-districts. 

§  83.  (§  4426a-17*  Ky.  St.)  Trustee  or  County  Board  Member 
Not  to  be  Financially  Interested. — No  trustee  nor  member  of  the 
County  Board  of  Education  nor  County  Superintendent  shall  be  finan- 
cially interested,  directly  or  indirectly,  in  any  contract  for  the  purchase 
of  land,  the  erection  or  repairs  of  any  school  house,  the  furnishing  of 
supplies  of  equipment,  or  the  employment  of  any  teacher,  and  any  of 
said  officers  so  offending  shall  be  guilty  of  an  indictable  misdemeanor 
and  on  conviction  shall  be  fined  not  exceeding  five  hundred  dollars, 
or  imprisonment  in  the  county  jail  not  exceeding  six  months,  and  shall 
forfeit  his  office. 

§  84.  (§  4399-8*  Ky.  St.)  Consolidation  and  Transportation — 
Power  to  Vote  Taxes. — The  County  Board  of  Education  shall  have 
power  to  lay  off  a  boundary  including  a  number  of  sub-districts  and 
submit  to  the  voters  in  that  boundary  the  proposition  of  a  tax  suffi- 
cient to  provide  for  the  consolidation  of  the  schools  within  that 
boundary  and  the  transportation  of  pupils  to  and  from  said  consolidated 
school.  Said  proposition  for  taxation  may  be  submitted  to  the  voters 
at  the  regular  election  for  school  trustees,  or  at  any  other  time  de- 
cided upon  by  the  County  Board  of  Education,  provided  that  not  less 
than  thirty  days'  notice  be  given  of  said  election.  When  such  a  tax  is 
voted  in  such  consolidated  district  for  loc'al  school  purposes,  it  shall 
remain  and  be  collected  annually  in  accordance  with  the  provisions 
of  law  until  repealed  by  a  vote  of  the  people  at  an  election  called  and 
conducted  in  the  same  manner  in  which  the  tax  was  voted.  (See  notes 
Sec.  129,  Graded  Schools  Sec.  145.) 


SUBDISTRICTS.  35 

DECISIONS   OF  THE    COURT  OF  APPEALS. 

Sections  157  and  158  Constitution,  as  to  the  amount  of 
property  and  poll  tax  that  may  be  levied,  have  no  application 
to  the  property  or  poll  tax  voted  for  school  purposes  under 
authority  of  valid  election. 

Nor  is  there  any  limit  on  the  number  of  elections  that 
may  be  held  to  increase  the  tax  to  such  a  sum  as  will  be  suffi- 
cient to  accomplish  the  purpose  of  the  legislature. 

By  a  vote  of  the  people  the  tax  may  be  reduced  or  abol- 
ished.—Christopher  v.  Robertson,  et  al.,  164  Ky.,  262. 

A  petition  assailing-  a  school  election  should  point  out 
specifically  the  grounds  upon  which  it  is  attacked. 

When  there  has  been  a  full,  free  and  fair  school  election 
and  the  voters  understand  the  question  to  be  voted  on  and 
have  ample  notice  of  the  time  and  place  when  and  where  the 
election  is  to  be  held,  there  seems  little  reason  for  disturbing 
the  election  on  mere  technical  grounds.— Travelstead  v.  Ray, 
Sheriff,  etc.,  169  Ky.,  706. 

OPINION    OF    THE    ATTORNEY    GENERAL. 

There  is  no  power  given  to  the  County  Board  to  change 
the  boundary  of  a  consolidated  district  until  such  a  time  as 
the  people  by  their  votes  declare  that  the  tax  shall  be  at  an 
end. 

§  85.  (§  4399-8*  Ky.  St.)  Local  Expenses— Meaning.— In  the 
notices  of  an  election  for  the  purpose  of  voting  a  tax  to  provide  for 
the  consolidation  of  schools,  the  term  "local  expense"  shall  include  the 
transportation  of  students  to  and  from  the  said  consolidated  school; 
and  where  sub-districts  have  already  been  consolidated  according  to 
law  and  tax  has  already  been  voted  in  said  consolidated  districts  for 
local  expenses,  the  term  "local  expenses"  shall  be  construed  to  include 
the  transportation  of  children  in  such  cases. 

§  86.  (§  4399-8*  Ky.  St.)  Transportation  Further  Provided  For. — 
In  districts  consolidated  under  existing  laws  the  County  Board  of  Edu- 
cation shall  have  power  to  provide  for  transportation  by  local  taxa- 
tion or  out  of  county  funds,  or  otherwise  when,  in  its  judgment,  such 
consolidation  is  more  economical  than  the  creation  of  an  emergency 
school,  or  when  an  emergency  arises  in  a  subdistrict  making  it  impos- 
sible for  a  school  to  be  taught  in  that  district. 

§  87.  (§  4427  Ky.  St.)  Boundaries  to  Remain  as  at  Present — 
Change  In. — (1)  The  school  districts  of  the  several  counties,  as  at 
present  described  and  numbered,  shall  be  retained  until  altered  or 
abolished  pursuant  to  this  chapter;  but  no  two  districts  in  the  same 
county  shall  be  known  by  the  same  name  or  number. 

(2)  No  change  in  the  boundary  of  any  district  shall  be  made  to 
take  effect  during  the  current  or  the  following  school  year,  unless 
made  previous  to  taking  the  census  for  such  school  year.  Nor  shall 
the  boundary  of  any  district  be  changed  unless  ten  days'  notice  in 
writing  shall  be  first  given  to  the  trustees  of  other  districts  to  be 
affected  thereby. 

§  88.  (§  4429  Ky.  St.)  Record  of  Boundary  and  District  to  be 
Kept  by  Superintendent. — The  County  Superintendent  shall,  in  a  book 
to  be  kept  in  his  office  for  that  purpose,  and  subject  to  public  inspec- 


36  KENTUCKY  SCHOOL  LAWS  1916. 

tion,  describe  each  district  in  his  county  by  its  number  and  boundary, 
and  shall  furnish  to  the  trustee  of  each  sub-district  a  description  of 
the  boundaries  thereof.  (See  Sec.  51.) 

§  89.  (§  4431*  Ky.  St.)  Children  May  Attend  School  in  Adjoining 
Districts — Exception. —  (1)  When  two  school  sub-districts  adjoin,  it 
shall  be  lawful  for  the  children  of  either  of  such  adjoining  sub- 
districts  to  be  taught  in  and  at  such  schoolhouses  as  may  be  most  con- 
venient to  them.  Provided,  the  transfer  does  not  interfere  with  the 
contract  between  the  teacher  and  the  Division  Board  of  Education  and 
that  no  such  change  shall  be  made  without  the  assent  of  the  trustees  of 
both  said  sub-districts  in  writing  and  of  the  parents  of  the  children 
transferred. 

(2)  In  case  of  an  agreement  of  the  kind  provided  for  in  this  sec- 
tion, the  trustee  of  the  sub-district  in  which  the  children  were  reported 
shall,  before  the  close  of  the  first  month  of  the  school  term,  notify  the 
County  Superintendent  in  writing,  or  the  said  transfer  shall  be  void; 
Provided,  further,  that  when  the  district  to  which  the  transfer  is  made 
is  in  a  different  county,  the  County  Superintendent  of  the  county  from 
which  the  transfer  is  made  shall  pay  to  the  County  Superintendent  of 
the  county  in  which  the  children  are  taught  the  money  due  for  teaching 
them,  taking  his  receipt  in  duplicate. 

§  90.  (§  4432  Ky.  St.)  City,  Town  or  Village— When  Deemed  Dis- 
trict— Duty  of  Trustees — Penalty. — (1)  When  a  city,  town  or  village 
establishes  and  maintains  a  system  of  common  schools  adequate  to  the 
teaching  of  all  children  therein,  and  which  all  applying  for  instruction 
are  permitted  to  attend  free  of  charge,  the  same  shall  be  deemed  one 
district,  and  entitled  to  its  proportion  of  the  school  fund. 

(2)  At  the  termination  of  each  school  year  the  trustees  or  other 
officers  deputed  for  that  purpose,  of  each  school  district,  and  of  each 
separate   school   of   such   city,   town   or   village,   shall   report  to   the 
County  Superintendent  the  facts  required  of  sub-district  trustees  in 
section  122  of  this  act.     They   shall  take  the   census   of  such   city, 
town  or  village  by  wards  or  school  districts,  and  make  a  return  to 
the  County  Superintendent,  to  be  filed  in  his  office,  at  the  same  time 
and   in  the  same   manner  as   that  required   of  sub-district  trustees. 
They  shall  file  a  duplicate  of  said  census  with  the  county  clerk,  to  be 
retained  by  him  in  his  office. 

(3)  For  any  failure,  neglect  or  violation  of  their  duties,  as  set 
forth  in  this  section,  the  trustees  or  other  officers  of  such  city,  town 
or  district  shall  be  subject  to  the  same  penalties  as  imposed  on  sub- 
district  trustees. 

§  91.  (§  4433  Ky.  St.)  Laws  Relating  to  City  or  Town  for  Benefit 
of  School  or  College. — This  law  is  not  to  affect,  modify  or  repeal  any 
local  or  special  law  heretofore  passed  which  established  any  city 
or  town  in  one  district,  except  as  provided  in  sections  165  and  1G6 
of  this  act;  but  the  same  shall  be  governed  in  all  respects  by  the 
local  law  and  authorities,  and  it  shall  in  no  wise  affect  the  charter 


SUBDISTRICTS.  37 

and  amendments  thereto  of  any  city  or  town  in  the  Commonwealth, 
so  far  as  said  charter  and  amendments  relate  to  the  public  schools 
of  said  cities  and  towns;  nor  shall  this  law  affect,  modify  or  repeal 
any  local  or  special  laws  now  in  force  for  the  benefit  of  any  school, 
high  school;  seminary,  college  or  other  institution  of  learning  in  this 
State,  except  as  to  teachers,  as  provided  in  section  77  of  this  act. 

DECISION  OP  THE   COURT  OP  APPEALS. 

Schools  Established  by  Special  Act.— No  teacher  of  com- 
mon school  pupils  in  any  school,  high  school,  seminary,  col- 
lege, or  any  other  institution  of  learning  in  this  State,  operat- 
ing under  a  special  law,  is  entitled  to  any  part  of  the  common 
school  fund,  unless  he  holds  a  certificate  as  prescribed  by 
common  school  law,  where  a  city  or  town  is  not  organized  as 
a  single  district  and  reporting  direct  to  Superintendent  Pub- 
lic Instruction,  as  provided  in  section  55.  We  conclu.de  that 
the  provisions  of  the  charter  of  the  district  giving  its  board 
of  trustees  the  right  to  examine  teachers  was  necessarily  re- 
pealed by  section  135.— Harrodsburg,  Etc.  v.  Adams,  Etc.,  152 
Ky.,  735. 


38  KENTUCKY  SCHOOL  LAWS  1916. 

CHAPTER  IX. 

DISTRICT  TRUSTEES. 

§  92.  (§  4426a-3  Ky.  St.)  Trustees— Election  of.— (1)  On  the 
first  Saturday  in  October  after  the  passage  of  this  act,  an  election 
shall  be  held  at  the  school  building  in  each  school  sub-district  in  this 
Commonwealth  from  the  hours  of  one  until  five  o'clock  in  the  after- 
noon for  the  purpose  of  electing  one  trustee  for  each  school  sub- 
district  as  fixed  by  section  two  of  this  act.  The  trustees  then  elected 
shall  hold  their  offices  one-half  for  one  year  and  one-half  for  two 
years,  as  shall  be  determined  by  lot  at  the  first  meeting  of  the 
division  board  as  provided  for  in  section  four  of  this  act. 

(2)  Each  year  thereafter  there  shall  be  elected  for  two  years  one 
trustee  in  each  sub-district  in  which  the  term  of  his  predecessor  in 
office  will  then  expire. 

(3)  Said   trustees    shall    serve    until   their    successors    are    duly 
elected  or  appointed  and  qualified  as  herein  provided. 

(4)  Any  person  shall  be  eligible  to  this  office  of  school  trustee 
who  is  over  twenty-one  years  of  age,  and  who  has  been  a  resident 
of  the  sub-district  for  which  he  is  elected  for  sixty  days  before  the 
election,  and  who  is  able  to  read  and  write,  as  shown  by  a  certifi- 
cate of  five  reputable  citizens   of  the   sub-district,  and  all   qualified 
electors   who   shall   have  resided   in   a   school    sub-district   for   sixty 
days  next  before  an  election,  shall  have  the  right  to  vote  at  such 
elections. 

(5)  All  elections  for  school  trustees  shall  be  viva  voce  vote. 

(6)  The  officers  of  the  election  shall  be  two  judges  and  a  clerk, 
who  shall  be  residents  of  the  sub-district  and  legal  voters  and  shall 
be  chosen  by  the  voters  at  the  opening  of  the  polls.    The  said  officers 
shall  be  the  judges  of  the  qualifications  of  each  voter  as  prescribed 
in  this  act  and  shall  certify  the  returns  of  the  election  to  the  County 
Superintendent  of  Schools  within  five  days  after  said  election.     (See 
Sees.  61,  62,  110;  92  notes  colored,  107,  108  and  notes.) 

DECISIONS  OP  THE  COURT  OP  APPEALS. 

A  voter  in  a  school  election  shall  have  resided  in  the  dis- 
trict sixty  days,  in  the  county  six  months  and  in  the  State 
one  year  previous  to  the  election. 

Voting  viva  voce  is  legal  in  all  school  elections.— Penny 
v.  McRoberts,  163  Ky.  313. 

"Reside"  is  equivalent  to  "legal  domicile."  In  law, 
every  person  has  a  domicile.  In  some  instances,  it  may  be 
different  from  his  actual  abode.  Until  he  has  changed  it 
(which  is  a  combination  of  act  and  intention),  it  continues 
to  be  his  domicile  in  law.  When  one  has  made  an  actual 
domicile,  and  departs  from  it  temporarily  intending  to  re- 
turn, it  will  remain  his  legal  domicile  for  all  purposes.— Elam 
v.  Maggard,  165  Ky.,  733.  (See  notes  Sec.  136.) 

Contested  election  cases  should  be  speedily  disposed   of. 


SUBDISTRICT  TRUSTEES.  39 

It  was  error  to  permit  the  answer  of  defendant  to  be  filed 
more  than  twenty  days  after  the  petition  was  filed.— Allen  v. 
Brown,  144  Ky.,  414. 

A  school  trustee  duly  elected  or  appointed  and  qualified 
was  continued  in  office  until  his  successor  is  elected— even  If 
time  of  electing-  trustees  is  changed  from  June  to  October.— 
Swangro,  Etc.  v.  Rose,  Etc.,  105  Ky.,  294. 

In  determining-  whether  a  person  is  or  is  not  a  resident 
of  a  school  district  within  the  meaning-  of  such  a  rule,  the 
usual  and  ordinary  indicia  of  residence  or  the  absence  thereof 
should  be  the  proper  guide,  and  not  the  secret  mental  resolve 
or  concealed  intentions  of  persons  living-,  or  having-  lived,  in 
the  district.  Such  rule,  however,  does  not  usually  require 
that  there  shall  be  a  legal  domicile,  but  it  is  sufficient  that 
the  child  and  his  parent,  or  the  person  in  control  of  him,  are 
actually  resident  in  the  district,  with  apparently  no  present 
purpose  of  removal. 

It  has  been  held  that  children  sent  into  the  district  by 
their  father  to  reside  with  an  aunt  under  indenture  of  ap- 
prenticeship which  were  made  only  for  the  purpose  of  send- 
ing- the  children  to  school,  were  not  entitled  to  free  tuition.— 
Board,  etc.  v.  Powell,  145  Ky.  93. 

A  majority  of  the  officers  comprising-  a  school  election 
board  may  issue  the  certificate  required  to  be  issued  by  such 
board  of  officers. 

A  contested  election  for  office  of  subdistrict  trustee 
should  be  instituted  within  ten  days  after  the  election.— Car- 
penter v.  Hale,  159  Ky.,  465. 

OPINION    OF    THE    ATTORNEY    GENERAL. 

The  offices  of  subdistrict  trustee  and  an  officer  of  the 
primary  election  are  not  incompatible. 

The  office  of  United  States  storekeeper  or  g-auger  is  in- 
compatible with  the  office  of  school  trustee. 

§  93.  (§  4426a-3  Ky.  St.)  Organization  of  the  Board — County 
Superintendent  Vacancy. — The  County  Superintendent  of  Schools  shall 
meet  the  trustees  so  elected  from  the  various  school  sub-districts  of 
each  educational  division  at  his  office  on  the  first  Saturday  in  March 
following  the  date  of  their  election,  proper  notice  having  been  given 
in  writing  to  each  trustee  as  to  the  time  and  place  of  such  meeting 
for  the  purpose  of  organizing  the  trustees  so  elected  into  a  division 
board  of  school  trustees,  by  choosing  one  of  said  trustees  to  be 
chairman  and  one  to  be  secretary  of  said  division  board. 

The  County  Superintendent  of  Schools  shall  be  a  member  of 
such  division  board  of  his  county,  but  shall  only  vote  upon  any 
matter  in  case  of  a  tie  vote,  and  then  he  shall  cast  the  deciding  vote. 

Any  vacancy  that  may  exist  in  the  trusteeship  of  any  school  sub- 
district  shall  be  filled  by  appointment  by  the  County  Board  of  Educa- 
tion and  to  them  petition  may  be  made  by  voters  of  the  subdistrict. 

Should  the  office  of  chairman  of  a  division  board  become  vacant 
the  County  Superintendent,  as  soon  as  the  election  has  been  held  to 
elect  a  sub-district  trustee  as  above  provided,  shall  call  a  meeting 
of  said  division  board  and  shall  then  proceed  to  elect  another  chair- 
man and  until  a  chairman  is  so  elected,  such  division  board  may 
choose  one  of  its  members  as  a  temporary  chairman.  (See  notes 
Sec.  107.) 


40  KENTUCKY  SCHOOL  LAWS  1916. 

DECISIONS  OP  THE  COURT  OP  APPEALS. 

A  vacancy  in  subdistrict  trustee  must  be  filled  by  ap- 
pointment by  county  board  of  education. 

The  acts  of  a  school  trustee  recognized  by  the  County 
Superintendent  pending  a  controversy  over  the  office  are 
vafi 

Where  no  valid  election  for  school  trustee  is  held,  a  va- 
cancy occurs,  which  may  be  filled  by  the  County  Board  of 
Education.— Ison  v.  Watson,  169  Ky.,  150. 

A  tie  vote  in  a  trustee  election  results  in  a  vacancy, 
which  must  be  filled  by  appointment  by  the  County  Board  of 
Education.— Combs  v.  Brewer,  169  Ky.  571. 

§  94.  (§  4426a-5  Ky.  St.)  Duties  of  Trustees — Census— Fees  For. 
— (1)  It  shall  be  the  duty  of  the  trustee  in  each  school  sub-district, 
to  personally  supervise  the  school  or  schools  in  his  sub-district,  and 
to  report  the  needs  thereof  to  the  division  board  of  his  educational 
division  at  its  regular  meeting,  together  with -such  recommendations 
as  he  may  deem  necessary  for  the  best  interest  of  said  school  or 
schools.  All  such  reports  and  recommendations  shall  be  in  writing. 

(2)  The  division   board   shall  refer   such   reports   to  the   county 
board  with  its  recommendations  on  same. 

(3)  The  trustee  of  each  school  sub-district  shall,  in  the  month 
of  April  biennially,  make  and  return  to  the   County  Superintendent 
a  complete  census  of  the  children  of  school  age  residing  in  his  district, 
and  for  the  performance  of  all  his  duties  he  shall  be  allowed  and 
paid  the  sum  of  five  cents  per  pupil  child  reported  in  such  census. 

(4)  He   shall  make   a  complete  census   of  illiterate   children   of 
school  age,  with  the  names  of  their  parents  or  guardians  with  their 
post  office  address;  also  the  names  of  all  children  of  school  age  who 
have  completed  the  common  school  course,  together  with  their  ages. 
He  shall  make  a  census  of  the  names  of  the  children  who  are  attend- 
ing school  outside  of  the  district  in  which  they  reside.     This  census 
and  these  reports   must  be  made   by  the  subdistrict  trustee  at  the 
time  now  provided  by  law  for  taking  the  school  census. 

(5)  The  County  Superintendent  of  Schools  in  each  county  shall 
make  a  complete  report  of  said  census  to  the  State  Superintendent  of 
Public  Instruction,  whose  duty  it  shall  be  to  have  printed  biennially 
and  distributed  a  report  of  same,  giving  the  number  of  children  in 
each  school  district  and  stating  the  number  who  are  illiterate  and, 
in   addition,   the   number   who   have    completed   the   common    school 
course,  together  with  the  number  who  are  attending  school  outside 
of   the   district   in   which   they   reside.      (Sign   teachers'   report   Sec. 
55,  8,  51,  See  Sec.  121.) 

OPINION    OF    THE    ATTORNEY    GENERAL. 

<'liihlren  in  any  charitable,  fraternal  or  orphan's  home 
not  sent  to  public  schools,  but  taught  privately  within  the 
institution  in  whose  charge  they  are  placed,  should  not  be 
taken  by  the  census  enumerator,  but  the  children  who  are 
sent  to  the  public  schools  should  be  included  in  the  census. 


SUBDISTRICT  TRUSTEES.  41 

An  idiot  is  not  capable  of  receiving-  instruction,  and  if 
a  person  is  so  feeble-minded  that  he  can  not  receive  instruc- 
tion and  that  it  is  unnecessary  to  send  him  to  school,  he  is 
in  the  same  class  as  an  idiot.  Deaf  and  dumb  children  also 
fall  in  the  same  class.  Neither  should  be  included  in  the 
school  census. 

§  94a.  (1)  For  the  years  in  which  no  census  is  required  to  be 
taken,  under  this  act  the  Superintendent  of  Public  Instruction  shall 
determine  the  amount  of  per  capita  to  be  paid  over  to  the  County 
Board  of  Education  in  every  county  by  adding  annually  to  the  number 
of  children  of  school  age  as  shown  by  the  next  preceding  census 
actually  taken,  such  increase  or  addition  as  he  may  ascertain  to  be 
the  annual  increase  of  children  of  school  age  in  the  county  upon 
averaging  the  yearly  increase  shown  by  the  three  actual  enumera- 
tions next  preceding;  Provided,  however,  that  the  County  Board  of 
Education  of  any  county  or  Superintendent  of  Public  Instruction  may 
elect  to  take  an  actual  census  in  any  such  years,  in  which  case  the 
return  of  such  census  shall  govern. 

(2)  The  Superintendent  of  Public  Instruction  shall,  in  his  bien- 
nial report  give  a  statement  of  the  estimated  census  for  any  year 
included  in  said  report,  wherein  distribution  of  per  capita  may  have 
been  made  upon  estimated  census,  as  provided  herein,  in  such  man- 
ner as  to  show  clearly  the  actual  enumeration  upon  which  such 
estimates  may  have  been  based  and  in  the  manner  in  which  the 
estimated  census  has  been  completed. 

§  95.  (§  4426a-6  Ky.  St.)  Teachers— Employment  of.— (1)  It 
shall  be  the  duty  of  the  sub-district  trustee  to  nominate  and  recom- 
mend in  writing  to  the  division  board  one  or  more  teachers  for  each 
school  in  his  sub-district,  and  with  said  nomination  and  recommenda- 
tion he  shall  convey  the  teacher's  credentials  and  any  objections, 
remonstrances  or  petitions  that  may  be  offered,  in  writing,  to  the 
election  of  said  teacher  or  teachers,  and  the  board  shall  elect  for 
each  sub-district  a  teacher  or  teachers  nominated  by  the  trustee 
thereof,  when  such  teacher  possesses  the  necessary  qualifications 
and  no  reasonable  objection  is  offered. 

(2)  Should  the  division  board  reject  any  nomination  or  should 
any  trustee  fail  to  nominate  for  his  sub-district,  the  chairman  of  the 
division  board  shall  immediately  notify  such  sub-district  trustee  and 
request  further  nominations. 

(3)  The   division  board  in  each  educational  division  shall  meet 
for  the  consideration  of  applications  atid  the  election  of  teachers  on 
the  first  Saturday  in  June  and  July  in  each  year,  and  any  vacancy 
existing  for  any  cause  in  any  sub-district  thereafter  shall  be  filled  by 
the    County    Board   of   Education   upon   the    recommendation   of   the 
trustee  of  such  sub-district.     Said  division  board  may  meet  at  such 
other  times  as  the  chairman  may  designate. 

(4)  Qualifications   of  teachers   shall   be  determined   as   provided 
by  law.     Teachers  shall  be  elected  for  one  school  year,  but  may  be 


42  KENTUCKY  SCHOOL  LAWS  1916. 

removed  by  the  division  board  of  the  educational  division  in  which 
they  are  employed,  at  any  time,  subject  to  the  approval  of  the  County 
Superintendent,  for  incompetency,  neglect  of  duty  or  immoral  con- 
duct. 

(5)  Contracts  for  the  service  of  all  teachers  shall  be  in  writing, 
signed  in  duplicate  by  the  teacher  and  by  the  chairman  and  secretary 
of  the  division  board  of  the  division  in  which  the  teacher  is  employed. 
Upon  organization  of  said  board,  one  of  the  members  shall  be  chosen 
as  secretary,  who  shall  keep  a  correct  record  of  all  proceedings,  which 
shall  be  a  public  record.  (See  Sec.  189;  notes  Sec.  119.) 

DECISIONS  OF  THE   COURT  OP  APPEALS. 

If  a  trustee  has  information  concerning-  a  nominated 
teacher  which  would  unfit  him  for  the  position  to  which  he 
has  been  nominated,  it  would  be  his  duty  to  state  his  objec- 
tions and  reasons  therefor  and  vote  to  reject  the  nomina- 
tion.—Maynard  v.  Maynard,  etc.,  152  Ky.,  623. 

The  power  to  select  teachers  is  vested  in  the  subdistrict 
trustees  if  the  teachers  are  qualified,  and  no  reasonable  ob- 
jection should  be  offered  to  their  election.— Preece  v.  Faulk- 
ner, etc.,  150  Ky.  500. 

In  case  the  subdistrict  trustee  fails  to  nominate  a  teacher 
for  his  subdistrict  (or  his  nomination  is  rejected),  it  becomes 
the  duty  of  the  chairman  of  the  division  board  to  imme- 
diately notify  such  subdistrict  trustee. 

The  division  board  has  the  power  to  employ  and  con- 
tract with  a  teacher  at  an  adjourned  meeting. 

A  majority  of  a  quorum  of  the  members  of  a  division 
board  may  elect  a  teacher.— Educational  Division  Board,  etc. 
v.  Butler.  155  Ky.  164;  Davis,  etc.  v.  Harrison,  etc.,  140  Ky., 
620. 

Section  95  does  not  repeal  section  119.  The  power  con- 
ferred by  that  section  may  MOW  be  exercised  by  division 
board. 

The  fact  that  a  teacher  holds  a  certificate  to  teach  from 
the  persons  authorized  to  issue  certificates  is  presumptive 
evidence  that  she  possessed  all  the  qualifications  necessary  to 
teach. 

If  a  contract  with  a  teacher  is  not  in  due  form,  it  is 
the  duty  of  the  chairman  of  the  division  board  to  prepare  one 
that  would  be  acceptable  under  the  law. 

Meetings  of  the  board  at  which  teachers  are  elected  must 
be  held  at  the  time  specified  in  the  statute  or  at  such  times 
as  the  chairman  of  the  division  board  may  designate,  and 
that  a  majority  of  the  members  of  the  board  must  be  present 
in  person.  In  case  of  a  tie,  the  County  Superintendent,  may 
untie  and  elect  a  teacher,  if  present;  if  not,  he  can  in  writ- 
ing make  his  decision  afterwards.— Davis,  etc.  v.  Harrison, 
etc.,  140  Ky.,  520. 

A  contract  with  a  teacher  should  state  specifically  the 
compensation  he  is  to  receive.— Mingo  v.  Trustees,  etc.,  113 
Ky.  475. 

The  power  to  select  teachers  is  vested  in  the  subdistrict 
trustees,  subject  to  the  limitation  that  the  teacher  recom- 
mended by  them  shall  possess  the  necessary  qualifications, 
and  no  reasonable  objection  shall  be  offered  to  their  election, 
and  where  neither  of  these  conditions  exist,  it  is  the  plain 
and  manifest  duty  of  the  members  of  the  division  board  to 
elect  the  teacher  nominated  by  the  subdistrict  trustee.— Camp- 
bell, etc.  v.  Owens,  etc.,  150  Ky.,  686. 

OPINION    OP    THE    ATTORNEY    GENERA!.. 

The  division  board  in  which  a  graded  (white)  school  dis- 
trict is  located  has  the  power  to  elect  a  teacher  for  a  colored 
school  district  until  after  the  first  Saturday  in  July.  If  a 
vacancy  should  exist  after  that  date,  it  might  be  filled  by  the 
County  Board  of  Education. 

If  the  division  board  fails  to  meet  or  there  is  not  a 
quorum  present  on  the  first  Saturday  in  June,  it  is  within  the 


COUNTY  BOARD  OF  EDUCATION.  43 

power  of  the  board  to  adjourn  over  to  some  other  day,  when 
it  may  proceed  with  the  election  of  teachers.  There  may  be 
a  called  meeting-  of  the  division  board  at  any  time  up  to 
the  first  Saturday  in  July,  at  which  teachers  may  be  elected 
in  the  event  the  board  was  unable  to  gret  a  quorum  present 
on  the  first  Saturday  in  June. 

The  County  Board  can  not  elect  a  teacher,  unless  there 
is  a  vacancy  after  the  first  Saturday  in  July;  until  that  date, 
the  division  board  has  full  control  of  the  election  of  teachers. 

§  96.  (§  4426a-7  Ky.  St.)  County  Board  of  Education— Who  Shall 
Compose. — The  chairman  of  the  several  educational  division  boards 
in  each  county,  together  with  the  County  Superintendent  of  Schools, 
who  shall  be  chairman  ex-officio,  shall  constitute  the  County  Board 
of  Education. 

DECISION   OF   TEE   COURT   OF   APPEALS. 

The  exclusive  management  of  the  public  schools  of  a 
county  is  with  the  County  Board  of  Education.— Spradlin  v. 
Floyd  Co.,  etc.,  162  Ky.,  677. 

§  97.  (§  4426a-ll  Ky.  St.)  School  Buildings  and  Repairs.— (1) 
The  County  Board  of  Education  shall  have  the  power  to  purchase, 
lease  or  rent  school  sites,  to  build,  to  repair  and  to  rent  school  houses, 
purchase  maps,  globes,  charts,  school  furniture  or  other  apparatus 
necessary  to  the  efficient  conduct  of  the  schools  of  the  county,  and 
said  County  Board  is  hereby  vested  with  the  title,  care  and  custody, 
of  all  school  houses,  sites,  or  other  property  belonging  to  the  dis- 
tricts of  their  several  counties,  and  when,  in  the  opinion  of  the  board, 
any  site  for  school  house  has  become  unnecessary,  they  may  sell 
and  convey  the  same  in  the  name  of  the  County  Board  of  Education. 

(2)  It  shall  have  the  power  to  receive  any  gift,  grant  or  donation 
for  the  use  of  the  schools  within  their  respective  counties,  and  all 
conveyances    of   real    estate   which    shall    be    made   to    said    County 
Board  of  Education  shall  vest  the  property  in  said  board  and  their 
successors  in  office  for  the  use  and  benefit  of  the  schools  of  the 
county. 

(3)  It  shall  have  the  power  to  condemn  any  real  estate  necessary 
for  school  purposes  in  any  district  and  may  proceed  to  do  so  in  the 
manner  provided  for  by  law  for  the  condemnation  of  lands  for  railroad 
purposes.      (See   Sec.   111.) 

DECISIONS  OF  THE   COURT  OF  APPEALS. 

Voluntary  payment  of  rent  of  school  house.  Supplies 
furnished  by  teacher  can  not  be  recovered  from  school  board. 
—Noble,  etc.  v.  Williams,  etc.,  150  Ky.  439. 

The  authority  to  select  the  site  for  school  house  rests 
solely  with  the  County  Board  of  Education;  its  actions  in 
that  respect  will  not  be  disturbed  by  the  courts  unless  it  is 
made  to  appear  that  the  board  has,  in  the  selection  of  the 
site,  abused  a  sound  discretion. 

The  County  Superintendent  being-  now  a  member  of  the 
Board  of  Education,  the  right  of  appeal  to  him  has  been 
withdrawn.  Vincent,  etc.  v.  Edmonson,  etc.,  169  Ky.,  34. 

§  98.  (§  4426a-lla  Ky.  St.)  Payment  of  Old  Debts. — The  various 
County  Boards  of  Education  In  this  Commonwealth  shall  assume  the 


44  KENTUCKY  SCHOOL  LAWS  1916. 

payment  of  any  legal  indebtedness  contracted  by  the  old  boards  of 
trustees  under  the  old  law,  and  prior  to  the  taking  effect  of  the 
act  of  1908,  by  compromise,  partial  payment,  or  otherwise,  as  is 
deemed  expedient  and  proper  by  said  Board  of  Education.  Said  pay- 
ments to  be  made  out  of  the  general  school  fund  of  the  county. 

This  law  shall  also  apply  to  common  school  sub-districts  that  have 
become  graded  common  school  districts  since  1908. 

DECISION  OF  THE  COURT  OF  APPEALS. 

A  school  district  is  "a  taxing"  district  or  other  municipal- 
ity" within  the  meaning:  of  section  157  Constitution. 

This  section  only  authorizes  County  Boards  of  Educa- 
tion to  assume  only  legal  indebtedness,  according-  to  section 
157  Constitution.— Scobee,  etc.  v.  County  Board,  etc.,  157  Ky., 
510. 

§  99.  (§  4426a-12  Ky.  St.)  Board  of  Education  a  Corporation. — 
The  County  Board  of  Education  and  their  successors  shall  be  a  body 
politic  and  corporate,  with  perpetual  succession  and  as  such  may  sue 
and  be  sued. 

§  100.  County  Superintendent  to  Keep  Record. — The  County  Su- 
perintendent shall  keep  an  exact  account  of  all  receipts  and  disburse- 
ments and  shall  report  the  same  in  detail  to  the  county  board  as  often 
as  they  may  require  and  annually  to  the  fiscal  court  of  the  county 
on  the  date  specified  by  that  court  for  receiving  said  report.  The 
books  and  records  of  the  county  board  shall  be  open  for  inspection 
of  any  citizen  of  the  county.  (See  Sec.  129.) 

§  101.  Meeting  of  Board  of  Education. —  (1)  The  County  Board  of 
Education  shall  meet  at  a  place  designated  by  the  County  Superin- 
tendent for  the  transaction  of  such  business  as  shall  properly  come 
before  it  under  this  law,  on  the  first  Saturday  in  September,  following 
the  enactment  of  this  law,  and  shall  meet  at  the  call  of  the  County 
Superintendent,  who  is  chairman  of  the  county  board,  at  such  other 
times  as  he  may  direct. 

(2)  The  County  Superintendent  shall  call  the  county  board  upon 
the  written  request  of  three  members. 

(3)  Each  member  of  the  county  board  shall  receive  three  dollars 
for  each  day's  service,  but  no  member  shall  be  paid  for  more  than 
twelve  days'  service  in  any  one  year,  whether  in  actual  attendance 
upon  the  meetings  of  the  county  board  or  in  inspecting  the  schools 
and   school   property  of   his   division   in   company   with   the    County 
Superintendent. 

§  102.  (§4426a-lG  Ky.  St.)  Division  Chairman  to  Report.— It  shall 
be  the  duty  of  each  division  chairman  or  member  of  the  County 
Board  of  Education  to  report  in  writing  the  exact  status  of  the 
educational  affairs  of  his  educational  division  of  the  county  board  for 
consideration  at  least  twice  each  year,  and  at  such  other  times  as 
the  chairman  of  the  county  board  may  require. 

8  103.    Supervisors    of    Rural     Schools — Appointment — Duties.— 


SUPERVISORS.  45 

(1)  The  County  Board  of  Education  shall  have  power  to  provide 
whenever  it  deems  wise,  for  the  employment  of  supervisors  for  the 
rural  schools  under  the  supervision  of  the  County  Superintendent. 

(2)  It  shall  be  the  duty  of  the  said  supervisors  to  assist  in  super- 
vising the  rural  schools,  to  act  as  substitute  teachers  under  the  direc- 
tion of  the  County  Superintendent  and  to  act  as  truant  officer  in  ac- 
cordance with  the  laws  governing  the  attendance  of  pupils  in  the 
rural  schools  and  with  such  other  rules  and  regulations  as  may  be 
made  according  to  law  by  the  County  Board  of  Education. 

The  County  Board  of  Education  shall  have  power  to  pay  the 
necessary  expenses  of  the  County  Superintendent  and  the  said  super- 
visors of  rural  schools  while  in  the  discharge  of  official  duties.  (See 
Sec.  50.) 

DECISION  OP   THE   COURT   OP   APPEALS. 

The  County  Board  of  Education  is  vested  with  powers, 
in  the  exercise  of  a  reasonable  discretion,  to  allow  and  pay 
the  actu-  1  expenses  of  the  County  Superintendents  necessarily 
incurred  in  the  proper  discharge  of  his  official  duties,  and 
within  the  same  limitations,  it  is  authorized  and  empowered 
to  order  and  pay  such  expenses  which  the  board  may  deter- 
mine, in  the  exercise  of  a  reasonable  discretion,  to  be  neces- 
sary "in  making-  an  efficient  system  of  schools  in  the 
county." 

The  officers  provided  by  the  school  law  are  but  agents 
whose  duties  are  to,  as  economically  as  possible,  carry  out  the 
purpose  of  the  law  in  the  administration  of  the  school  fund. 

No  expenses  should  be  allowed  to  the  Superintendent  per- 
sonally which  are  alleged  to  have  been  incurred  by  him  in  the 
discharge  of  his  official  duties,  except  those  actually  and 
necessarily  incurred  for  that  purpose;  and  they  should  be 
limited  to  expenses  incurred  in  the  county,  and  only  while 
the  superintendent  is  actually  at  work  in  the  discharge  of 
'his  official  duties. 

The  board  of  education  in  the  expenditure  of  the  school 
fund  should  not  delegate  this  power,  either  directly  or  indi- 
rectly, to  another,  not  even  the  superintendent. 

In  the  matter  of  incurring-  and  allowing  expenses,  the 
discretion  of  the  members  of  the  board  should  be  consulted. 
This  can  only  be  done  by  the  board  authorizing  the  particular 
item  of  expense  after  its  propriety  shall  have  been  determined 
and  the  amount  fixed  by  the  board  before  the  expense  has 
been  incurred,  and  it  should  state  the  purpose  for  which  the 
expense  is  to  be  incurred  and  the  person  to  whom  it  is  to  be 
paid. 

Expenses  of  the  County  Superintendent  in  attending  the 
session  of  the  Kentucky  Educational  Association  and  member- 
ship fees  in  such  association  for  trustees  of  the  county  can 
not  be  paid  by  County  Board  of  Education. 

The  Board  of  Education  can  relieve  the  superintendent 
as  occasion  demands  by  furnishing  to  him  clerical  assistance; 
but  when  necessary,  it  is  the  duty  of  the  board  to  employ 
such  assistance  to  the  superintendent,  and  to  agree  before 
hand  upon  his  compensation,  and  his  duties  should  be  clerical 
only.— Katie  B.  Beauchamp,  etc.  v.  Albert  Snider,  etc..  170 
Ky.,  220. 

OPINION  OF  THE  ATTORNEY  GENERAL. 
The  County  Board  of  Education  may  provide  that  the 
Supervisor  shall  be  employed  by  the  board,  or  it  may  author- 
ize the  County  Superintendent  to  employ  one  or  more  Super- 
visors. The  county  court  may  by  order  entered  on  its  records 
provide  for  the  length  of  time  such  Supervisors  may  be  em- 
ployed or  serve,  not  to  exceed,  however,  the  term  of  four 

A  person  can  not  be  a  member  of  the  Board  of  Education 
and  at  the  same  time  hold  the  position  of  Supervisor  of 
Schools. 

County  Board  of  Education  has  no  right  to  employ  the 
County  School  Superintendent  as  Supervisor  of  Rural  Schools, 


46  KENTUCKY  SCHOOL  LAWS  1916. 

§  104.  State  School  Funds — Distribution  of  by  County  Board  of 
Education. — (1)  The  County  Board  of  Education  shall  have  power  to 
distribute  the  State  fund,  received  from  the  State  Treasurer  and 
as  is  now  provided  by  law,  for  the  payment  of  teachers'  salaries; 
provided  that  no  salary  paid  to  any  teacher  in  any  sub-district  in 
the  county  shall  be  more  than  seventy  dollars  per  month,  except  to 
high  school  teachers. 

(2)  The  County  Board  of  Education  shall  prepare  a  salary  sched- 
ule and  submit  the  same  to  the  State  Board  of  Education  for  approval. 
(See  Sec.  9.) 

§  105.  Method  of  Fixing  Salaries. — All  salaries  of  sub-district 
teachers  shall  be  based  on,  and  regulated  by  the  qualification  of  the 
teacher  and  the  number  of  children  actually  in  attendance  in  propor- 
tion to  the  number  enrolled  in  the  school  census  for  the  district,  grad- 
uated in  accordance  with,  and  in  conformity  to,  such  rules  and  regula- 
tions governing  same  as  shall  be  hereafter  prescribed  by  the  State 
Board  of  Education. 

OPINION    OF    THE    ATTORNEY    GENERAL 

Children  who  attend  some  school,  other  than  that  taught 
by  the  teacher  having-  the  contract  to  teach  in  the  subdistrict, 
should  not  be  included  in  the  attendance  upon  which  salary 
is  based. 

§  106.  Salary  Schedule  Must  be  Reported. — The  salary  schedules 
of  the  counties  of  the  State  shall  be  reported  to,  and,  if  according  to 
law,  approved  by  the  State  Board  of  Education;  and  all  rules  and 
regulations  governing  the  same  promulgated  by  the  State  Board  of 
Education  shall  conform  to  law;  and  the  purpose  of  the  same  shall 
be  to  increase  the  efficiency  of  the  common  school  system. 

§  107.  Colored  Visitors — Election. — (1)  At  the  same  time  and 
place  and  by  the  election  officers  who  conduct  the  election  for  sub- 
district  trustees,  an  election  shall  be  held  for  the  purpose  of  electing 
a  visitor  for  the  colored  school  or  schools  of  the  sub-district.  Such 
a  visitor  shall  be  nominated  and  elected  in  the  same  manner  as  the 
sub-district  trustee,  save  that  the  nominating  petition  shall  be  signed 
by  colored  voters,  and  that  colored  voters  alone  shall  be  eligible  to 
vote  for  such  visitor. 

(2)  So  far  as  the  colored  school  or  schools  of  the  sub-district  are 
concerned,  the  duties  of  the  visitor  shall  be  identical  with  those  of 
the  sub-district  trustees,  save  that  such  visitor  shall  not  be  a  member 
of  the  division  board. 

OPINION    OP    THE    ATTORNEY    GENERAL. 

The  failure  to  elect  a  subdistrict  colored  visitor,  at  once 
created  a  vacancy  in  such  office,  and  a  successor  may  be  ap- 
pointed by  the  division  board  of  the  educational  division  of 
which  the  aubdistrict  is  a  part. 


SUBDISTRICT  TRUSTEES.  47 

§  108.  (§  4434*  Ky.  St.)  Election  of  Trustees  in  Districts  Where 
There  is  No  School  House. — If  no  school  house  be  in  the  district,  the 
election  of  school  trustee  shall  be  held  at  such  convenient  place  as 
the  trustee  may  select. 

Notice  of  the  election  of  trustee  shall  be  posted  by  the  sub-district 
trustee  at  three  of  the  most  public  places  in  the  district  for  ten  days 
immediately  preceding  the  day  of  the  election. 

In  case  of  a  tie,  in  which  the  officers  of  the  election  have  voted, 
the  said  officers  shall  certify  the  same  to  the  County  Superintendent 
within  five  days  after  said  election,  and  the  County  Board  of  Educa- 
tion shall  fill  the  vacancy  in  the  manner  prescribed  by  law. 

§  109.  (§  4435  Ky.  St.)  Penalty  Imposed  on  Officer  of  Election 
for  Fraud. — Any  person  who  may  be  chosen  to  preside  over  the  elec- 
tion of  a  school  trustee  in  any  school  district  in  this  Commonwealth, 
who  shall  knowingly,  and  with  intent  to  commit  a  fraud,  receive  and 
count  any  illegal  vote  or  issue  a  certificate  of  election  to  any  person 
not  entitled  thereto,  or  shall  refuse  to  issue  such  a  certificate  to 
anyone  duly  elected,  or  shall  fail  for  five  days  after  the  election  to 
report  the  name  of  the  person  elected,  or  who  shall,  with  fraudulent 
intent,  deface,  mutilate  or  destroy  the  records  of  any  such  election, 
shall  be  fined  not  less  than  fifty  nor  more  than  two  hundred  dollars 
for  every  such  offense,  and  it  shall  be  the  duty  of  the  County  Super- 
intendent to  report  such  offenses  to  the  grand  jury. 

§  110.  (§  4436*  Ky.  St.)  Vacancy  in  Case  of  Controverted  Right. 
— In  case  of  controverted  right  to  the  office  of  trustee,  the  County 
Superintendent  is  empowered  to  recognize  a  trustee  among  the  con- 
testants until  the  dispute  has  been  settled.  (See  Sec.  66.) 

DECISION  OF  THE  COURT  OF  APPEALS. 

Right  of  County  Superintendent  to  recognize  trustee.  No 
appeal  lies  from  order  recognizing  trustee  to  the  Superintend- 
ent of  Public  Instruction.— Patrick,  etc.  v.  Fletcher,  etc.,  149 
Ky.  193. 

§  111.  (§  4437*  Ky.  St.)  Titles  to  Land.— (1)  In  the  acquisition 
of  land  as  a  site  for  a  school  house,  the  title  thereof  shall  be  made 
in  fee  simple  to  the  County  Board  of  Education  and  the  titles  to  the 
land  now  used  for  sites  for  school  houses  shall,  at  the  earliest  possible 
time,  be  perfected  by  the  County  Board  of  Education. 

(2)  Any  reversionary  interest  in  any  land  now  used  as  a  site 
for  a  school  house  shall  not  deprive  the  county  boards  of  the  school 
house  or  other  improvements  thereon.  (See  Sec.  97.) 

DECISIONS  OF  THE   COURT  OF  APPEALS. 

School  Districts— Conflicted  Boundary— Right  to  Railroad 
Tax— Contemporaneous  Construction— Errors  Corrected.— Trus- 
tees, etc.  v.  Board,  etc.,  141  Ky.  126. 

Land  Conveyed  for  School  Purposes— Rights  Acquired.— 
Evans  v.  Cropp,  etc.,  141  Ky.,  514. 

Under  section  111  the  trustees  (now  County  Board  of  Edu- 
cation) shall  take  fee  simple  title  and  they  can  be  restrained 


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50  KENTUCKY  SCHOOL  LAWS  1916. 

State  or  district  which  has  not  defaulted  its  interest  within  twenty 
years,  or  in  loans  secured  by  first  mortgage  on  real  estate  worth  at 
least  double  the  amount  so  loaned  (but  no  such  loan  shall  ever  be 
for  more  than  said  property  was  assessed  for  taxes  the  preceding 
year),  or  in  the  purchase  of  substantially  improved  income-bearing  real 
estate,  taking  the  title  in  the  name  of  said  board  as  such  trustee. 
But  no  loans  shall  ever  be  made  to,  or  real  estate  purchased  from 
or  sold  to  any  member,  officer  or  employe  of  the  board,  or  to  one 
who  has  been  a  member,  officer  or  employe  within  one  year. 

(4)  Said  board  shall  make  an  itemized  statement  under  oath  of 
all  receipts,  disbursements,  assets  and  investments  of  each  and  all 
such  funds  separately  in  January  of  each  year  and  file  same  in  the 
county  court,  and  shall  publish  a  notice  that  it  has  done  so,  at  least 
once  a  week  for  two  weeks,  in  a  paper  of  general  circulation  in  the 
district,  if  there  be  such  a  paper,  and  in  addition  shall  post  a  copy 
of  such  notice  on  the  door  of  the  school  house,  if  it  be  a  rural  school 
district,  or  at  the  door  of  the  city  hall  or  court  house,  if  it  be  a  city 
district.    At  the  next  regular  county  court  after  the  two  full  weeks, 
the  report  shall  stand  for  exception  or  confirmation  as  any  other  fidu- 
ciary report  to  said  court. 

(5)  Any   member   of   said   board   who   shall   vote    for,   and   any 
officer  of  said  board  who  shall  certify  to  or  draw  a  check  for  an  ap- 
propriation in  violation  of  this  act  shall  thereby  be  and  become  liable 
for  the   restoration   of  the   amount  of  such   wrongful   appropriation, 
such  liability  to  be  enforced  in  an  action  brought  by  the  board  or  by 
any  citizen  of  the  district  or  by  the  Superintendent  of  Public  Instruc- 
tion of  the  State,  and  in  addition  thereto  shall  be  guilty  of  malfeas- 
ance in  office  and  upon  conviction  shall  forfeit  his  office  and  may,  for 
each  offense,  be  fined  not  less  than  $50.00  nor  more  than  $1,000.00, 
or  imprisoned  from  one  year  to  five  years,  or  both  so  fined  and  im- 
prisoned in  the  discretion  of  the  court — one-half  of  said  fine  to  b°- 
paid  over  by   the   collecting  officers   to   said  board.     (See   Sec.   148 
Graded  Schools.) 

§  114.  (§  4439a*  Ky.  St.)  Seminary  'Property  May  be  Acquired 
by  County  Board  of  Education. — The  trustees  holding  the  legal  title 
to  the  property  of  any  county  seminary,  under  laws  enacted  and  in 
force  prior  to  the  18th  day  of  December,  1865,  by  a  majority  of  their 
board,  the  county  court  consenting  thereto  by  order  of  the  county 
judge,  entered  of  record  in  the  county  court,  are  hereby  authorized 
and  empowered  to  sell,  transfer  or  convey  by  deed  the  title  held  by 
such  trustees  to  such  county  seminary  property  or  otherwise  dispose 
of  it  as  to  them  may  seem  best,  to  the  County  Board  of  Education, 
or  to  the  board  of  trustees  of  the  white  graded  common  school 
district  in  which  such  seminary  property  is  situated,  on  such  terms 
and  conditions  as  may  be  agreed  upon  by  both  parties;  Provided, 
that  whenever  such  county  seminary  property  shall  be  taken  over  by 
and  invested  in  the  County  Board  of  Education  or  the  said  board 


SCHOOL  HOUSE  VALUE.  51 

of  trustees  of  the  white  graded  common  school  district,  as  authorized 
in  this  section,  it,  or  the  proceeds  thereof,  shall  be  used  or  disposed 
of  by  such  County  Board  of  Education  or  said  Board  of  Trustees 
of  the  white  graded  common  school  district,  for  the  benefit  of  all 
the  white  pupils  in  the  county,  in  such  a  way  as  to  make  good  to 
them  their  interest  in  such  seminary  property. 

§  115.  (§  4440*  Ky.  St.)  Size  and  Value  of  House— Furniture.— 
(1)  Each  school  house,  including  the  site,  furniture,  apparatus,  shall 
have  a  property  value  of  not  less  than  one  hundred  and  fifty  dollars. 

(2)  Each  school  house  hereafter  erected  shall  have  a  floor  space 
of  not  less  than  ten  square  feet  to  each  pupil  in  the  district;   shall 
be  at  least  ten  feet  between  floor  and  ceiling;  shall  have  at  least  four 
windows,  one  or  more  fire  places,  with  chimneys,  made  entirely  of 
brick  or  stone,  or  a  sufficient  number  of  stoves  or  other  heating  ap- 
paratus with  safe  flues,  to  warm  the  room  in  coldest  weather,  one  or 
more  doors,  with  locks  and  keys,  which  shall  be  kept  during  the  vaca- 
tions by  the  sub-district  trustee,  who  shall  be  liable  for  any  damage 
occurring  on  account  of  neglect. 

(3)  The   County  Board   of  Education   shall   furnish   each   school 
house  with  at  least  the  following  articles  of  furniture  and  apparatus, 
and  the  teacher  shall,  at  the  close  of  the  school  each  year,  deliver 
a  complete  inventory  of  the  said  articles  to  the  sub-district  trustee: 
Teacher's  desk  and  chair,  a  seat,  patent  or  otherwise,  with  back,  for 
each  child,  the  height  of  the  seat  and  its  back  to  suit  the  age  of 
the  child;  no  desk  or  bench  to  be  made  to  accommodate  more  than 
two  children;  writing  desk  for  all  pupils;  blackboard  space  of  at  least 
fifty  square  feet;   water  stand;    and  the  County  Board  of  education 
may  furnish  gong  or  call  bell;  terrestrial  globe,  wall  map  of  the  world, 
wall  map  of  the  United  States,  and  a  wall  county  map  of  Kentucky 
and  such  charts  upon  reading,  writing,  physiology,  etc.,  as  the  County 
Board  of  Education  may  select;  and  the  County  Board  of  Education 
is  authorized  to  have  said  houses  and  furniture  insured  against  dam- 
age by  fire  or  other  casualty,  the  expenses  incurred  from  such  insur- 
ance to  be  paid  out  of  the  funds  raised  for  general  county  purposes. 
(See  notes  Sec.  97.) 

DECISION  OP  THE  COURT  OP  APPEALS. 

A  contractor  has  no  lien  on  a  school  house  he  builds  nor 
has  he  a  right  to  remove  it  from  the  lot. — Raymer  v.  White 
School  Dist.,  etc.,  124  Ky.  96. 

§  116.  (§  4440a-2  Ky.  St.)  Plans  to  be  Approved  by  Superintend- 
ent.— No  school  house  shall  be  erected  in  any  sub-district  or  county 
in  this  Commonwealth  unless  the  plan  thereof  shall  have  been  sub- 
mitted to  the  County  Superintendent  and  approved  by  him,  and  it  is 
hereby  made  his  duty  to  acquaint  himself  with  the  principles  of  school 
house  architecture,  and  in  all  his  plans  for  such  structures  to  have 


52  KENTUCKY   SCHOOL  LAWS   1916. 

due  regard  for  economy,  convenience,  health  and  durability  of  struc- 
ture. 

§  117.  (§  4445*  Ky.  St.)  Teacher's  Contract— Provisions.— (1) 
The  contract  between  the  Division  Board  of  Education  and  the  teacher 
shall  expressly  describe  that  its  terms  are  subject  to  all  the  provisions 
of  the  common  school  laws. 

(2)  Whenever  a  teacher  is  entitled  to  a  payment  for  having  taught 
a  common  school,  it  shall  be  the  duty  of  the  sub-district  trustee  to 
certify  that  the  school  has  been  legally  taught  for  the  period  specified. 

(3)  No  person  shall  be  allowed  to  teach  a  private  or  other  school 
in  any  district  school  house  unless  he  be  of  good  moral  character  and 
have  the  consent  of  the  sub-district  trustee. 

§  118.  (§  4446*  Ky.  St.)  Trustees  to  Visit  Parents  and  Urge  At- 
tendance of  Children — Indigent  Children. — During  the  two  weeks  pre- 
ceding the  opening  of  the  school,  the  sub-district  trustee  shall  visit 
all  the  parents  of  pupil  children  and  urge  upon  them  the  necessity 
of  prompt  and  regular  attendance  at  school.  He  shall  make  careful 
inquiry  as  to  whether  any  children  are  unable  to  purchase  the  neces- 
sary books,  and  immediately  report  the  names  of  all  such  children 
to  the  County  Superintendent  only.  During  the  progress  of  the  school 
the  sub-district  trustee  shall  ascertain  the  cause  of  non-attendance  of 
children,  and  shall  remove  such  causes,  if  practicable. 

§  119.  (§  4447*  Ky.  St.)  Visitation  of  School— Pupils  May  be 
Suspended  or  Expelled — Dismissal  of  Teacher. — (1)  The  sub-district 
trustee  shall  be  at  the  school  house  on  the  day  of  the  opening  of  the 
school  and  at  the  same  place  at  least  once  a  month  thereafter  during 
the  session  of  the  school.  On  each  visit  he  shall  carefully  examine 
the  teacher's  register  and  shall  consider:  First,  the  condition  of  the 
school  house,  furniture,  apparatus  and  surroundings;  second,  the 
work  of  the  school;  third,  the  attendance  and  how  to  increase  it; 
fourth,  the  needs  of  the  school,  such  as  fuel,  brooms,  buckets,  crayons, 
desks,  blackboards,  books,  etc. 

(2)  He  shall  provide  for  any  deficiency  that  may  exist  in  any  of 
these  respects  as  provided  in  section  94  of  this  act,  and  see  that  the 
regulations  for  the  government  of  the  school  are  complied  with,  and 
that  the  teacher  performs  his  duty;    he  shall   see  that  a  sufficient 
supply  of  good  water  is  furnished  within  easy  access  of  the  school 
house  for  the  benefit  of  the  schools  during  the  term  of  the  school. 

(3)  Upon  complaint  of  the  teacher  in  writing,  the  trustee  shall 
have  power,  after  investigation,  to  suspend  a  pupil  or  expel  him  from 
school. 

(4)  When  the  trustee  shall  ascertain  by  examining  the  teacher's 
register  or  monthly  report  that  the  average  daily  attendance  for  twenty 
consecutive  days  taught  has  been  less  than  twenty-five  per  centum 
of  the  total  number  of  pupil  children  of  the  district  as  shown  by  the 
last  census,  he  shall  report  the  same  to  the  County  Board  of  Education, 
which  may  upon  his  recommendation,  dismiss  the  teacher  and  upon 


CENSUS  OF  CHILDREN.  63 

his  nomination  employ  another  teacher  to  complete  the  session  of  the 
school  unless  the  board  shall  be  satisfied  that  the  decreased  attend- 
ance was  due  to  such  natural  causes  as  high  water,  extremely  inclem- 
ent weather,  epidemics  or  unusual  sickness  in  the  district.  (See  Sees. 
5,  190  and  notes  Sec.  95.) 

DECISION  OP  THE  COURT  OP  APPEALS. 

Section  119  giving-  to  the  trustees  power  to  dismiss  a 
teacher,  with  the  consent  of  the  County  Superintendent,  where 
her  register  or  monthly  report  shows  that  the  averagre  daily 
attendance  for  twenty  consecutive  days  taug-ht  has  been  less 
than  twenty-five  per  centum  of  the  total  number  of  pupil 
children  of  the  district,  as  shown  by  last  census,  unless  they 
shall  be  satisfied  that  the  decreased  attendance  was  due  to 
such  natural  causes  as  hig-h  water,  extremely  inclement 
weather,  epidemics  or  unusual  sickness  in  the  district. 

Five  days'  notice  in  writing-  is  not  necessary  before  a 
teacher  can  be  dismissed.  Reasonable  notice  is  all  that  is 
required.— Wheatley  v.  Division  Board,  etc.,  144  Ky.  783. 

§  120.  (§  4448  Ky.  St.)  Infectious  Disease — Epidemics — Duty  of 
Trustees — Teacher  Not  to  Lose  Time. — When  any  family  shall  have 
any  infectious  or  contagious  disease,  no  member  of  such  family  shall 
attend  any  school  until  the  trustees  thereof  shall  allow  them  to  do 
so;  and  during  the  prevalence  in  the  district  of  dangerous  epidemics, 
the  trustee  shall  order  the  school  closed;  but  the  teacher  shall  not 
be  required  to  lose  the  time  of  this  forced  suspension,  unless  so 
stipulated  in  his  contract. 

§  121.  (§  4449*  Ky.  St.)  Census  of  Children  in  District— Penalty 
for  Fraud  or  Failure. — (1)  It  shall  be  the  duty  of  the  trustee  of  each 
sub-district,  biennially,  during  the  month  of  April,  to  take  an  exact 
census  of  all  the  children  that  reside  in  such  sub-district  on  the  first 
day  of  April  who  will  be,  on  the  first  day  of  July  following,  between 
the  ages  of  six  and  twenty  years,  and  on  or  before  the  first  day  of 
May  report  a  list  of  the  same  to  the  County  Superintendent,  and  a 
duplicate  list  to  the  clerk  of  the  county  court,  to  be  filed  in  his 
office,  specifying  the  name,  age,  sex  and  names  of  the  parents  or 
guardians  of  each  child,  to  be  entered  in  a  book  furnished  him  by 
the  State,  and  kept  as  a  part  of  the  records  of  his  office.  Should  said 
trustees  willfully  add  to  the  list  the  names  of  persons  not  entitled  to 
be  placed  on  same,  or  otherwise  knowingly  m'ake  a  false  list,  such 
person  thus  offending  shall,  in  addition  to  being  liable  to  punishment 
for  the  crime  of  false  swearing,  be  subject  to  a  fine  of  not  less  than 
fifty  dollars;  and  should  any  other  school  officer  be  a  party  to  such 
fraudulent  lists,  or  in  any  way  aid  in  the  commission  of  such  fraud, 
he  shall  be  liable  to  the  same  punishment. 

(2)  For  a  failure  to  take  such  census  and  report  the  same  within 
the  time  and  in  the  manner  herein  required,  the  trustee  shall  be  liable 
to  a  fine  of  not  less  than  twenty  dollars;  and  said  trustee  shall  not 
take  the  census  of  any  children  who  have  recently  removed  into  the 
district  and  who  have  been  previously  reported  in  the  census  of  the 
pupil  children  for  the  year  in  the  district  from  which  they  have  moved, 


54  KENTUCKY   SCHOOL  LAWS  1916. 

or  who  had  recently  removed  into  the  district  from  another  State 
or  county;  but  any  pupil  child  who  may  not  have  been  reported  in 
the  district  in  which  he  resides  may  attend  the  common  school  without 
payment. 

(3)  This  section  shall  be  printed  in  the  census  blanks  furnished 
by  the  Superintendent  of  Public  Instruction.  (See  Sec.  51,  94.) 

§  122.  (§  4450*  Ky.  St.)  Report  to  County  Superintendent  Each 
Year. — At  the  termination  of  each  school  year,  the  trustee  shall 
make  a  report  to  the  county  superintendent,  showing,  in  tables  of 
details  and  aggregates,  the  length  of  time  taught;  the  highest,  low- 
est and  average  number  of  children  at  school;  the  cost  of  tuition 
of  each  child  for  the  session  and  per  month;  the  number  of  private 
schools,  academies  and  colleges  taught  in  the  district,  and  length 
of  sessions  of  the  same;  the  number  of  teachers  employed,  male, 
female,  and  total  for  the  common  schools;  the  wages  of  male  or 
female  teachers;  the  amount  of  money  raised  for  common  school 
purposes  in  the  district  by  district  tax  or  otherwise,  and  for  what 
the  same  was  disbursed;  the  kind  and  value  of  school  houses,  and 
the  number  of  volumes  in  district  library,  if  any;  and  any  other  in- 
formation required  of  them  by  the  county  superintendent  touching 
the  school.  (See  Sec.  58.) 

§  123.  (§  4451*  Ky.  St.)  Reports  to  be  Signed  by  Subdistrict 
Trustee — Penalty  for  Failure  to  Make. — The  subdistrict  trustee  shall 
sign  all  reports  made  by  him,  and  for  a  failure  to  make  any  such 
report  within  thirty  days  after  the  same  is  required  by  law,  shall 
be  subject  to  a  fine  of  twenty  dollars,  and  besides  shall  be  liable 
to  an  action  for  damages  by  any  person  injured  thereby. 

§  124.  (§  4452  Ky.  St.)  Penalty  for  Buying  Teacher's  Claim  OP 
Accepting  Bribe. — No  trustee  shall  be  allowed  to  buy  any  teacher's 
claim,  directly  or  indirectly,  under  the  penalty  of  removal  from  office 
by  the  county  superintendent. 

(2)  Any  teacher  who  shall  offer  or  give,  directly  or  indirectly, 
any  trustee  who  shall  ask  or  accept,  directly  or  indirectly,  either 
for  himself,  for  another  trustee,  for  the  subdistrict,  the  school,  or 
the  school  house,  any  valuable  consideration  other  than  the  services 
of  the  teacher  for  employing,  or  for  being  a  party  to  employing  a 
teacher,  shall  be  deemed  guilty  of  bribery,  and  upon  indictment  and 
conviction  therefor,  shall  be  fined  as  provided  by  law  for  the  punish- 
ment of  bribery.  (See  Sec.  64.) 

§  125.  (§  4453  Ky.  St.)  Penalty  for  Neglect  of  Duty  or  Misfeasance. 
— For  any  neglect  of  duty  or  misfeasance  or  malfe'asance  in  office,  the 
trustee  shall,  in  addition  to  being  fined  as  aforesaid,  be  removed 
from  office  by  the  county  superintendent,  who,  in  investigating  such 
matters,  as  well  as  the  matters  set  out  in  Sections  65,  185,  186,  187 
and  190  of  this  act,  shall  have  the  same  power  to  issue  subpoenas 
and  attachments  for  witnesses,  and  to  compel  their  attendance 
and  testimony  as  is  possessed  by  the  judge  of  the  quarterly 


SUBDTSTRICT  TRUSTEES.  65 

court  in  examining  trials  of  persons  charged  with  offenses  against 
the  law;  and  sheriffs,  constables  and  marshals  shall  be  under  the 
same  obligations  and  subject  to  the  same  penalties  for  neglect  or 
refusal  to  execute  the  orders  of  said  superintendent  as  for  refusal 
or  neglect  to  execute  the  orders  of  the  judge  of  the  quarterly  court 
of  the  county,  and  from  the  decision  of  the  county  superintendent  any 
party  aggrieved  may  appeal  to  the  Superintendent  of  Public  Instruc- 
tion. 

§  126.  (§  4455  Ky.  St.)  Penalty  for  Failure  to  Perform  Duties. 
— If  any  person  who  is  elected  or  appointed  trustee  of  a  common 
school,  undor  the  provisions  of  this  act,  shall  willfully  fail  or  neg- 
lect, after  having  accepted  said  office,  to  perform  the  duties  im- 
posed upon  him  herein,  he  shall  be  fined  fifty  dollars  therefor. 

§  127.  (§  4456  Ky.  St.)  Books  and  Records  to  be  Delivered  to 
Successor — Penalty. — A  trustee,  when  he  resigns,  vacates,  is  re- 
moved or  goes  out  of  office,  shall,  within  ten  days  thereafter,  deliver 
to  his  successor  any  money,  property,  books  or  papers  in  his  cus- 
tody as  trustee;  and  for  failure  therein,  he  may  be  fined  any  sum 
not  exceeding  fifty  dollars;  and  it  shall  be  the  duty  of  the  county 
superintendent  to  report  all  such  defaults  to  the  grand  jury. 


56  KENTUCKY   SCHOOL  LAWS  1916. 

CHAPTER  X. 

DISTRICT  TAXATION. 

§  129.  Tax  May  be  Levied  by  Fiscal  Court — Collector — Treasurer. 
—  (1)  It  shall  be  the  further  duty  of  the  County  Board  of  Education  to 
estimate  and  lay  before  the  fiscal  court  of  the  county  the  education 
needs  of  the  county  in  accordance  with  such  estimate,  and  said  county 
shall  levy  a  tax  for  school  purposes  not  to  exceed  twenty  cents  on  each 
hundred  dollars  of  assessed  valuation  of  property  in  the  county,  and 
a  capitation  tax,  not  exceeding  one  dollar,  and  the  sheriff  shall  then 
collect  this  tax  as  other  State  and  county  taxes  are  collected:  Pro- 
vided, no  tax  for  school  purposes  shall  be  levied  under  this  act 
upon  property  in  cities  and  towns  maintaining  a  first  class  system 
of  public  schools  in  which  all  grades  are  already  taught  to  the  satis- 
faction of  the  State  Board  of  Education,  and  upon  property  in  school 
districts  which  are  made  exempt  as  provided  for  in  section  77  of 
this  act. 

(2)  When  the  tax  so  levied   shall  have  been   collected  by  the 
sheriff  of  the  county,  he  shall  turn  over  to  the  County  Superintend- 
ent, who  shall  act  as  treasurer  of  the  County  Board  of  Education, 
the  amount  of  money  so  levied  and  collected,  and  the  county  board 
shall  expend  the  money  so  received  in  the  building,  improvement  and 
equipment  of  school  houses,  .for  the  purchase  and  condemnation  of 
necessary  real  estate,  for  the  payment  of  teacher,  purchasing  neces- 
sary supplies  and  the  extension  of  the   school  term  in  the  various 
subdistricts  throughout  the  county,  as  in  their  judgment  as  a  county 
board   the   needs   of  the   individual   schools   for    white    and   colored 
pupils  demand. 

(3)  The   County   Superintendent   shall   give    such    special    bond 
as  may  be  approved  by  the  county  court. 

(4)  No  fund  shall  be  paid  out  except  on  the  order  of  the  county 
board,  signed  by  the  chairman  and  countersigned  by  the  secretary. 
(See  Sees.  57,  100,  136,  157  and  notes.) 

DECISIONS  OF  THE  COURT  OF  APPEALS 

Where  the  Fiscal  Court  has  made  a  levy  for  educational 
purposes,  all  the  property  and  persons  subject  to  the  tax  at 
the  time  it  is  levied  must  pay  the  same  under  the  levy  made 
by  the  Fiscal  Court,  and  that  new  graded  schools  can  not  be 
established  or  the  boundary  in  existing-  schools  extended  so 
as  to  defeat  for  the  common  school  the  collection  of  the  tax 
laid  by  the  Fiscal  Court.— Board  of  Education,  etc.  v.  Givens, 
etc.,  147  Ky.  837. 

School  Tax— How  Collected— Certification  by  County 
Clerk.— A  school  tax  is  in  reality  a  State  tax.— Ramsey  v. 
County  Board  of  Education,  159  Ky.,  827. 

The  imposition  of  poll  tax  for  school  purposes  is  con- 
stitutional. It  is  the  duty  of  the  Fiscal  Court  to  levy  a 


DISTRICT  TAXATION.  57 

poll  tax  as  requested  by  the  Board  of  Education.— Fiscal 
Court,  etc.  y.  Board  of  Education,  etc.,  138  Ky.,  98. 

A  sheriff's  sale  for  delinquent  school  taxes  held  pre- 
sumptively valid.— White  v.  Mclntosh,  145  Ky.,  59. 

The  County  Board  of  Education,  held;  entitled  to  be 
made,  on  petition,  a  party  to  an  action  involving  the  dis- 
tribution of  school  funds.— Board,  etc.  v_  Allin,  121  S.  W., 
676. 

The  sheriff  must  pay  over  the  whole  sum  collected  for 
school  purposes  to  the  Board  of  Education.  *  *  *  His  com- 
pensation may  not  be  taken  from  the  school  fund.  His  pay 
is  a  charge  against  the  general  expense  fund  of  the  county. 

Ai  action  by  the  Commonwealth  for  the  use  of  the 
county  to  surcharge  a  former  sheriff's  settlement  is  a  direct 
attack,  authorized  by  the  statute,  and  may  be  brought  if  not 
barred  by  the  five  year  statute  of  limitations.— Commonwealth 
for  Use,  etc.  v.  Mackey,  168  Ky.  5§. 

OPINIONS  OF  THE  ATTORNEY  GENERAL. 

The  fiscal  court  has  power  to  make  settlements  with  the 
sheriff  for  school  funds  and  grant  exonerations  and  the 
County  Board  of  Education  has  no  right  to  make  any  addi- 
tional exonerations  or  to  refuse  to  allow  any  that  has  been 
maie  by  the  fiscal  court. 

When  a  person  is  exonerated  bv  the  fiscal  ccurt  from  pay- 
ing poll  tax  he  is  exonerated  from  paying  poll  tax  for  school 
purposes. 

The  fiscal  court  has  no  right  to  allow  a  jailer  any  fee  for 
waiting  on  the  County  Superintendent  during  the  examina- 
tion of  teachers  or  the  teachers'  institute. 

§  130.  (§  4458*  Ky.  St.)  Local  Tax  May  be  Levied.— (1)  Upon  the 
petition  of  ten  legal  voters  of  any  school  subdistrict,  the  division 
board  of  education  of  any  division  shall  submit  to  the  legal  voters 
of  said  subdistrict  the  question  whether  or  not  a  tax  shall  be  levied 
upon  the  taxable  property  in  such  subdistrict  in  any  school  year  for 
"local  school  purposes;"  an  ad  valorem  tax  may  be  so  voted  not  to 
exceed  twenty-five  cents  on  each  one  hundred  dollars  of  taxable 
property. 

(2)  Such   questions   shall   be   voted    on   at    the   regular   school 
election,  held  as  provided  by  this  act,  on  the  first  Saturday  in  Oc- 
tober. 

(3)  At  least  fifteen  days'  notice  that  such  question  will  be  voted 
on  at  any  school  election  shall  be  given  by  written  or  printed  hand- 
bills, posted  up  in  at  least  five  of  the  most  public  places  in  such 
district.     Said  notices  shall  set  forth  clearly  the  amount  and  object 
of  the  tax  proposed  to  be  raised,  and  the  time  and  place  of  taking 
the  vote.     Said  notices  must  be  signed  by  the  County   Superintend- 
ent, the  chairman,  and  the  secretary  of  the  division  board  of  educa- 
tion  of   the  division   in   which   such   subdistrict  lies.     Such   notices 
shall  be  posted  by  the  subdistrict  trustee  of  the  subdistrict  in  which 
the  proposed  tax  is  to  be  voted  on,  or  such  other  person  or  persons 
as  the  division  board  may  appoint. 

(4)  The  returns  of  s*aid  election  shall  be  made  to  the  chairman 
of  the  division  board  of  education  and  said  board  shall  meet  within 
peven  days  after  such  an  election  and  canvass  the  returns,  and  if  it 
be   ascertained   that   a   majority   vote   in   stfch   district   was   cast   in 
favor  of  such   tax,   said  board   shall,   on   its   minute  book,   enter  an 


58  KENTUCKY   SCHOOL  LAWS   1916. 

order  levying  such  tax  in  such  subdistrict,  and  it  shall  be  the  duty 
of  the  sheriff  of  the  county  on  his  official  bond  to  collect  such  tax 
and  hold  the  same  subject  to  the  order  of  the  County  Board  of 
Education  for  the  benefit  of  the  subdistrict  voting  such  tax,  and 
said  sheriff  shall  receive  the  same  compensation  therefor  as  for  col- 
lecting State  and  county  revenue. 

(5)  When  lines  dividing  school  subdistricts  pass  through  the 
lands  of  any  person  dividing  the  same,  the  tax  shall  be  levied  and 
paid  to  the  district  where  the  homestead  may  be  situated. 

§  131.  (§  4459*  Ky.  St.)  Local  Tax  Election  Every  Year— Tax 
Voted  for  Three  Years. — (1)  The  question  of  subdistrict  taxation  may 
be  submitted  to  the  legal  voters  of  the  subdistrict  every  school  year; 
or  when  the  amount,  object  and  length  of  time  are  distinctly  stated 
to  the  voters,  the  tax  may  be  voted  at  one  election  to  continue  three 
successive  years. 

(2)  The  proceeds  of  such  tax  shall  be  expended  for  any  of  the 
following  purposes:  Purchasing  lot,  building,  repairing  or  furnishing 
the  school  house,  supplying  the  same  with  illustrative  apparatus, 
the  extension  of  the  school  term,  supplementing  the  salary  of  the 
teachers,  or  other  local  school  purposes:  Provided,  that  the  purpose 
or  purposes  for  which  the  tax  is  to  be  used  shall  be  set  out  with 
exactness  in  the  notices  advertising  the  election;  and  provided,  fur- 
ther, that  when  one  of  the  purposes  set  out  in  the  notices  is  the 
erection  and  furnishing  of  a  school  house  or  in  supplementing  the 
funds  appropriated  by  the  county  board  of  education  for  that  pur- 
pose, and  two-thirds  of  all  the  persons  voting  on  the  proposition  vote 
in  favor  of  the  tax,  such  election  shall  authorize  the  county  board 
of  education,  in  their  corporate  capacity,  to  borrow  a  sum  of  money 
sufficient  to  supplement  the  county  funds  in  erecting  and  furnishing 
said  school  house;  and  provided  further,  that  the  sum  so  borrowed 
shall  not  exceed  an  amount  that  can  be  paid  in  three  years  at  the 
rate  of  taxation  set  forth  in  the  notices  advertising  the  election. 

§  132.  (§  4460  Ky.  St.)  Questions  to  be  Asked  Voter.— (1)  It  shall 
be  the  duty  of  the  officers  holding  the  election  to  open  the  polls 
and  an  officer  of  election  shall  propound  to  each  voter  who  votes 
the  question:  "Are  you  in  favor  of  the  district  school  tax?"  and  his 
vote  shall  be  recorded  for  or  against  said  tax  as  he  directs. 

(2)  The   officers   of  the   election   shall   return   a   fair   and   true 
record  of  the  votes  taken  for    and    against    such  tax,   certified  and 
sworn  to  by  themselves  before  some  officer  authorized  to  administer 
oaths. 

(3)  It  sh&ll  be  the  duty  of  the    county    superintendent  to  fur- 
nish the  sheriff  with  the  boundary  of  the  "district. 

§  133.  (§  4461  Ky.  St.)  Assessment — Collection — Duty  of  Offi- 
cers.— The  assessment  of  property,  collection  of  taxes,  the  powers 
and  duties  of  trustees  amd  other  officers  under  this  article,  shall  be 
governed  by  section  135  of  this  act. 


DISTRICT  TAXATION.  69 

§  134.  (§  4462  Ky.  St.)  Report  of  County  Superintendents  Con- 
cerning Tax. — The  County  Superintendent  shall,  in  making  his  an- 
nual report  to  the  Superintendent  of  Public  Instruction  of  the  schools 
taught  in  his  county,  m'ake  report  also  of  the  amount  of  money  thus 
raised  and  the  manner  in  which  it  has  been  appropriated. 

§  135.  Local  Tax  Levy  and  Collection. —  (1)  Whenever  there 
shall  be  a  tax  levied  in  any  subdistrict  by  the  Division  Board  of 
Education,  as  herebefore  provided,  the  same  shall  be  levied  on  the 
property  of  the  district  as  m'ay  be  assessed  and  equalized  for  county 
taxation  immediately  preceding  the  levy  by  the  division  board;  and 
within  ten  days  after  said  levy,  it  shall  be  the  duty  of  the  sheriff, 
with  the  assistance  of  the  County  Superintendent  to  make,  or  cause 
to  be  made,  from  the  assessor's  book,  as  equalized  for  county  taxa- 
tion land  the  records  of  assessments  of  property  as  filed  by  the 
railroad  commissioners  or  a  bond  of  assessment  in  the  office  of  the 
county  clerk  a  list  of  the  names  of  all  persons  or  corporations  liable 
for  such  taxes  and  the  amount  of  property  owned  by  each  and  liable 
therefor,  and  the  total  amount  of  taxes  due  from  each,  and  shall  file 
a  copy  of  list  with  the  Division  Board  of  Education. 

(2)  The  sheriff  shall  collect  all  taxes  levied  for  common  school 
purposes  on  the  property  of  the  district. 

(3)  The  holder  of  the  legal  title  and  the  holder  of  the  equitable 
title  and  the  claimant  or  bailee  in  possession  of  the  property  on  the 
15th   day  of  September   of  the   year  the   assessment  is   made   shall 
be  liable  for  the  taxes  thereon;  but,  as  between  themselves,  it  shall 
be  the  duty  of  the  holder  of  the  equitable  title  to  list  the  property 
and  pay  the  taxes  thereon  whether  the  property  be  in  possession  or 
not  at  the  time  of  the  payment. 

(4)  The   Division   Board   of   Education   shall,   within   five    days 
after  such  tax  list  shall  have  been  delivered  to  the  ch'airman,  fix  the 
time  in  which  such  tax  shall  be  paid  to  the  sheriff,  which  shall  not 
be  less  than  two  nor  more  than  four  months  from  the  time  of  mak- 
ing such  order. 

(5)  The  Division  Board  shall  cause  written  or  printed  notices 
of  the  levy  and  the  time  and  place  in  which  the  tax  is  required  to 
be  paid,  to  be  posted  in  at  le'ast  five  of  the  most  public  places  in 
such  district. 

(6)  It  shall  be  the  duty  of  all  taxpayers  to  pay  their  taxes  to 
the  sheriff  at  the  time  and  in  the  place  designated  in  the  notice.  On 
failure  of  any  such  taxpayer  to  pay  his  taxes,  within  such  designated 
period,  he  shall  'at  the  expiration  thereof  be  deemed  a  delinquent  and 
a  penalty  of  five  per  centum  of  the  amount  of  the  taxes  due  shall 
attach  against  each  delinquent  at  the  expiration  of  the   period  for 
receiving  the  taxes. 

(7)  It  shall  then  be  the  sheriff's  duty  to  collect  such  delinquent 
taxes  and  levy  on  and  sell  property  therefor,  and  make  report  thereof 
to   the  Division   Board   of  Education.     The   sheriff  shall   collect   the 


60  KENTUCKY   SCHOOL  LAWS  1916. 

taxes  within  ninety  days  after  receiving  the  list,  by  sale  of  property 
or  otherwise.  He  shall  have  the  same  power  that  he  has  in  the 
collection  of  State  and  county  revenues,  and  proceed  in  the  same 
manner  and  receive  the  same  compensation  as  he  is  entitled  to  re- 
ceive in  the  collection  of  State  and  county  revenues;  "and  for  a 
failure  to  perform  this  duty  and  other  duties  mentioned  in  this  sec- 
tion, he  shall  be  liable  on  his  bond.  The  sheriff  shall,  in  his  report 
to  the  County  Board  of  Education,  make  an  itemized  statement  of 
the  amount  levied,  the  purpose  of  such  levy,  and  an  itemized  state- 
ment of  the  amount  collected  and  the  amount  of  tax  uncollected. 

(8)  In  case  of  vacancy  by  resignation  or  removal  of  the  sheriff, 
he  shall  make  settlement  with  and  turn  over  all  moneys  to  the 
County  Superintendent  immediately  following  such  resignation  or 
removal.  (See  notes  Sec.  161.) 


CHAPTER  XI. 

ARTICLE  X. 

GRADED  COMMON  SCHOOLS. 
DISTRICTS. 

§  136.  (§  4464  Ky.  St.)  Districts— Boundary— Election  to  Es- 
tablish— Tax — High  School.— It  shall  be  the  duty  of  the  County 
Judge  in  each  county  of  this  Commonwealth,  upon  a  written  petition 
signed  by  at  least  twenty-five  per  cent,  of  the  legal  voters,  who  are 
taxpayers  in  the  justice's  district,  town  or  city  of  the  fifth  or  sixth 
classes  in  his  county  to  make  an  order  on  his  order  book,  at  the 
next  regular  term  of  his  court  after  he  receives  said  petition,  fixing 
the  boundary  of  any  proposed  graded  common  school  district,  as 
agreed  on  by  the  County  Judge  and  the  petitioners,  and  directing  the 
sheriff  or  other  officer  whose  duty  it  may  be  to  hold  the  election,  to 
open  a  poll  in  said  proposed  graded  common  school  district,  at  tho 
next  regular  State,  town  or  city  election  to  be  held  therein,  or  on 
any  other  day  fixed  by  said  judge  in  said  order,  not  in  either  case 
earlier  than  forty  days  from  the  date  of  said  order,  for  the  purpose 
of  taking  the  sense  of  the  legal  white  voters  in  said  proposed  graded 
common  school  district  upon  the  proposition  whether  or  not  they 
will  vote  an  annual  tax,  in  any  sum  named  in  said  order,  not  ex- 
ceeding fifty  cents  on  each  one  hundred  dollars  of  property  assessed 
in  said  proposed  graded  common  school  district,  town  or  city,  be- 
longing to  said  white  voters  or  corporations,  or  a  poll  tax  in  any 
sum  named  in  said  order,  not  exceeding  one  dollar  and  fifty  cents 
per  capita  on  each  white  male  inhabitant  over  twenty-one  years  of 
age  residing  in  s'aid  proposed  graded  common  school  district,  or 
both  an  ad  valorem  and  a  poll  tax,  if  so  stated  in  the  order,  for  the 
purpose  of  maintaining  a  graded  common  school  in  said  proposed 
graded  common  school  district,  and  for  erecting,  purchasing  or  re- 
pairing suitable  buildings  therefor  if  necessary.  Provided,  that  the 
proposition  to  establish  any  graded  common  school  district,  as  pro- 
vided for  in  this  section,  is  approved  in  writing,  on  petition  to  the 
county  judge  by  the  County  Board  of  Education,  and  also  by  the 
County  Superintendent  of  Common  Schools;  that  no  point  on  the 
boundary  of  any  proposed  graded  common  school  district  be  more 
than  two  and  one-half  miles  from  the  site  of  the  school  building  and 
that  the  location  and  site  of  said  school  building  in  said  district  are 
set  out  with  exactness  in  said  petition  and  that  the  district  contain 
not  less  than  one  hundred  pupil  children. 


62  KENTUCKY   SCHOOL  LAWS  1916. 

136a.  If  at  any  time  it  become  desirable  to  either  extend  or  de- 
crease the  boundary  of  a  graded  common  school,  a  majority  of  the 
legal  voters  in  the  territory  which  is  proposed  to  be  changed  may 
file  a  written  petition  in  duplicate,  one  copy  with  the  board  of  trus- 
tees of  the  graded  common  schools  and  one  copy  with  the  County 
Board  of  Education.  Said  petition  shall  set  out  with  exactness  the 
names  of  all  persons  within  the  territory  to  be  changed,  and  shall 
show  the  change  in  the  boundary  of  the  district  as  proposed  by  the 
change.  If  the  petition  shall  be  approved  by  the  board  of  trustees 
of  the  graded  common  school  and  the  County  Board  of  Education, 
an  order  shall  be  so  made  on  the  record  of  each  board  and  the 
change  shall  be  effective  at  once. 

136b.  All  graded  common  schools  which  have  been  previously 
established  under  the  general,  or  under  any  special  law  of  the 
State,  or  any  such  school  that  may  hereafter  be  established  shall 
operate  and  maintain  a  high  school  of  equal  rank  to  that  required 
by  law  to  be  maintained  by  the  County  Board  of  Education,  or  pay 
the  tuition  of  lall  pupils  residing  in  the  graded  school  district  who 
are  eligible  and  enter  the  high  school,  the  county  high  school  or 
other  public  high  school  which  maintains  a  course  of  study  required 
by  law  and  which  has  been  approved  by  the  State  Board  of  Educa- 
tion. (See  County  High  School,  see  Sees.  211,  212.) 

136c.  Any  graded  common  school  may  cease  to  operate  under 
the  provisions  of  the  ,graded  common  school  law  and  become  a  part 
of  the  county  or  city  school  system  in  which  it  may  be  located  by  a 
majority  vote  of  the  legal  voters  of  the  graded  school  district;  the 
vote  when  taken,  to  be  in  the  same  manner  and  governed  by  the 
same  laws  as  when  the  said  graded  school  was  established.  (See  Sees. 
92,  111,  129,  160  notes.) 

DECISIONS  OF  THE   COURT  OF  APPEALS. 

A  poll  tax  payer  is  a  taxpayer  within  the  meaning-  of 
this  section. 

Description   of   boundaries   by   farms   is   sufficient. 

In  the  description,  the  inclusion  of  land  more  than  2y2 
miles  distant  from  the  school  house,  though  it  can  not  be 
taxed,  does  not  invalidate  the  election.— DeHaven,  etc.  v. 
Hardinsburg  Graded  School,  164  Ky.,  511;  Trustees,  etc.  v. 
Brooks,  163  Ky.,  200;  Jackson  y.  Brewer,  etc.,  112  Ky.,  554; 
Owen  v.  Trustees,  etc.,  153  Ky.  723. 

The  law  prescribes  the  qualifications  of  voters,  and 
whether  one  is  a  legal  voter  must  be  determined  from  the 
facts  as  to  his  age  and  the  length  of  time  of  his  residence  and 
not  from  the  bare  statement  of  opinion  by  witnesses  that  he 
was  a  legal  voter  at  a  given  time  at  a  particular  place.— 
Hume,  et  al.  v.  Grant,  165  Ky.,  723.  (See  notes  Sec.  92.) 

Action  to  Enjoin  Levy  in  Collection  of  Tax.— A  petition 
to  establish  a  graded  school  should  be  presented  to  the  county 
judge  in  term  time  and  made  a  part  of  the  record  of  the 
court.— Haynes,  etc.  v.  Strunk,  etc.,  156  Ky.,  18. 

Hours  in  Which  P9lls  May  be  Opened.— Colored  voters 
can  not  vote  in  an  election  that  was  ordered  for  the  purpose 
of  erecting  and  establishing  a  graded  school  for  white  per- 
sons; their  property  can  not  be  taxed  to  support  the  school 
or  pay  for  bonds  issued  to  erect  the  building. 

Trustees  of  a  graded  school  and  County  Board  of  Educa- 
tion may  maintain  a  joint  high  school.— Munfordville  Mer- 


GRADED   COMMON   SCHOOLS.  63 

cantile  Co.  v.   Board,   etc.,  155  Ky.,   382;  Stuart,    etc.  v.  Petrie 
&  Co.,    138  Ky.,    514. 

Point  of  measurement  of  the  2T/&  miles  should  begin  at 
the  outer  edge  of  the  school  site,  provided  it  contains  not 
more  than  one  acre.— Clear  Springs,  etc.  v.  Bardstown  Graded 
School  Dist.,  135  Ky.,  458. 

Graded  School  Elections— Record  Books  of  Court— Nunc 
Pro  Tune  Orders.— Boundaries  by  farms  and  residences  Is  a 
sufficient  compliance  with  the  statute. 

No  tax  can  be  collected  on  property  situated  outside  of 
the  21-2  mile  limit.— Rails,  etc.  v.  Sharp's  Admr.,  etc.,  140 
Ky.,  744. 

There  is  no  provision  for  contesting-  an  election  of  a 
graded  common  school. — Elliott,  etc.  v.  Garner,  etc.,  140  Ky., 
157;  Patterson,  etc.  v.  Knapp,  125  Ky.,  474. 

The  county  court  has  no  power  by  virtue  of  this  sec- 
tion, to  submit  at  an  election  the  question  of  establishing  a 
graded  school  in  a  district,  embracing  a  city  of  the  fourth 
class  and  contiguous  outlying  territory. — Bailey,  etc.  v. 
Figley,  106  Ky.,  725.  (See  notes  to  sec.  158.) 

Boundary.— Thornton,    etc.    v.    Head,    etc.,    140   Ky.,    204. 

An  election  is  not  invalid  because  certain  persons  not 
qualified  were  permitted  to  vote,  where  the  result  of  the  elec- 
tion would  not  be  affected  if  all  the  objectionable  votes  were 
deducted  from  those  received  by  the  prevailing  side.— Taylor 
v.  Sparks,  118  S.  W.,  970. 

Election— Contested.— Elliott,  etc.  v.  Gainer,  etc.,  140 
Ky.,  157. 

Under  this  section  the  county  court  can  not,  by  its  order, 
designate  the  particular  use  to  which  any  part  of  the  tax 
.  levy  voted  by  the  district  upon  its  establishment  shall  be  ap- 
plied, as  its  appropriation  is  vested  in  the  trustees,  for  such 
lawful  purposes  as  are  provided  by  the  statute.— Flanders,  etc. 
v.  Board,  etc.,  170  Ky.,  627. 

§  137.  (§  4464a  Ky.  St.)  Graded  School  for  Two  Counties.— 
That  whenever  it  becomes  desirable  to  establish  a  graded  common 
school  composed  of  parts  of  two  counties  and  upon  a  written  petition 
signed  by  at  least  ten  legal  voters  residing  in  the  county  where 
the  greater  number  of  legal  voters  reside,  and  a  majority  of  the 
legal  voters  residing  in  the  adjoining  county,  it  shall  be  the  duty  of 
the  county  judge  in  the  county  having  the  greatest  number  of  legal 
voters,  to  make  an  order  on  the  order  book  at  the  next  regular  term 
of  his  court  after  he  receives  said  petition,  directing  the  sheriff  or 
other  officers  whose  duty  it  may  be  to  hold  the  election,  to  open  a 
poll  in  the  proposed  graded  common  school  district  upon  the  prop- 
osition as  to  whether  or  not  such  graded  common  school  shall  be 
established.  Before  such  an  order  can  be  made  by  the  county 
judge,  the  petition  must  be  approved  in  writing  by  the  County 
Board  of  Education  and  the  County  Superintendent  of  Schools  in 
each  county  concerned.  When  an  order  is  made  directing  a  poll  to 
be  taken,  the  same  items  shall  be  followed  in  all  respects  as  are 
provided  for  in  section  136  of  this  act,  by  which  all  other  graded 
schools  are  voted.  Should  the  graded  school  be  voted,  it  shall  be 
under  the  control  of  the  county  in  which  the  order  directing  its 
establishment  is  made. 

§  138.  (§  4465  Ky.  St.)  County  Clerk— Duty  of.— It  shall  be  the 
duty  of  the  county  clerk  to  give  to  said  sheriff  or  other  officer  a 
certified  copy  of  the  order  of  the  judge  of  the  county  court,  as  it  ap- 
pears in  his  order  book,  within  ten  days  after  said  order  is  made. 


64  KENTUCKY   SCHOOL  LAWS  1916. 

§  139.  (§  4466  Ky.  St.)  Sheriff  to  Publish  Notices  and  Post  Ad- 
vertisements.—It  shall  be  the  duty  of  said  sheriff  or  other  officer  to 
have  the  order  of  the  county  judge-  published  in  some  weekly  or 
daily  newspaper  published  in  the  county  for  'at  least  twenty  days 
before  the  election,  and  also  to  advertise  the  same  by  printed  or 
written  handbills,  posted  at  five  conspicuous  places  in  said  proposed 
graded  common  school  district  for  the  same  length  of  time;  but  if 
there  be  no  daily  or  weekly  newspaper  published  in  the  county,  the 
printed  or  written  handbills,  posted  as  before  provided,  shall  be  suffi- 
cient notice.  The  said  sheriff  or  other  officer  shall  have  the  adver- 
tisement inserted,  and  notices  herein  provided  for  posted,  within 
ten  days  after  he  receives  the  order  of  the  county  judge  and  at 
least  twenty  days  before  the  election.  (See  Sec.  140  notes.) 

§  140.  (§  4467  Ky.  St.)  Officers  of  Election— Appointment  of— 
Question  to  be  Asked  Voter. —  (1)  The  said  sheriff  or  other  officer 
shall  appoint  a  judge  and  a  clerk  of  the  said  election,  who  shall 
take  and  subscribe  to  &n  oath  for  the  faithful  performance  of  his 
duties. 

(2)  On  the  day  set  apart  for  the  election,  the  officers  shall 
open  a  poll,  and  shall  propound  to  each  voter  who  may  vote  the 
question,  "Are  you  for  or  against  the  graded  common  school  tax?" 
and  his  vote  shall  be  recorded  for  or  against  the  same  as  he  may 
direct.  (Contested  Elections. — See  Sec.  136  notes.) 

DECISIONS   OF   THE   COURT  OF   APPEALS. 

Order  directing:  election  on  question  of  voting*  tax.  Deputy 
may  execute  order.  A  deputy  sheriff  may  appoint  officers 
of  election  same  as  sheriff.— Fishback  v.  Trustes,  etc.,  152 
Ky.  519. 

Hand  Bills— Sufficiency.— Question  propounded  to  voters. 
— Kelley,  etc.  v.  Trustees,  etc.,  162  Ky.,  612. 

It  is  not  the  duty  of  the  sheriff  to  have  actually  partici- 
pated in  the  holding-  of  a  graded  school  election  or  to  remain 
present  at  the  polling-  place  during-  the  day.  His  duty  was 
discharg-ed  when  he  appointed  officers  for  that  purpose.  Who 
to  canvass  returns.— Mullins,  etc.  v.  McKeel,  etc.,  109  Ky.,  539. 

§  141.  (§  4468  Ky.  St.)  Duty  of  County  Judge,  Superintendent 
and  Trustees^lf  Tax  Voted. — If  it  shall  appear  that  a  majority  of 
the  votes  cast  at  the  said  election  were  in  favor  of  said  tax  then  it 
shall  be  the  duty  of  the  county  judge  to  cause  the  certificate  of  the 
examining  board  showing  the  amount  of  tax  voted,  and  the  names 
of  the  five  trustees  elected,  to  be  entered  of  record  in  the  order  book 
of  his  court,  and  to  give  a  copy  thereof  to  the  County  Superintendent, 
who,  in  connection  with  the  trustees,  shall  organize  a  graded  com- 
mon school  in  said  district  in  accordance  with  the  provisions  of  this 
law. 

§  142.  Colored  Graded  Schools — Establishment  of. —  (1)  The 
provisions  of  this  law  sh'all  apply  to  such  graded  common  school 
districts  as  may  be  applied  for  and  organized  by  the  colored  people 
of  this  Commonwealth,  and  such  districts  and  graded  schools  may 


GRADED  SCHOOLS.  65 

be  organized  by  them,  in  all  cases,  the  same  as  the  white  districts 
herein  provided  for  are  organized.  In  that  case  the  word  "Colored" 
is  to  be  substituted  for  the  word  "White"  whenever  it  h'as  occurred 
heretofore  in  this  law. 

(2)  No  white  person  shall  vote  at  any  election  held  by  the 
colored  people  under  the  provisions  of  this  law;  nor  shall  the  prop- 
erty of  any  white  person  be  taxed  to  maintain  any  graded  common 
school  for  colored  children;  nor  shall  the  property  of  a  colored  per- 
son be  taxed  for  the  benefit  of  any  graded  common  school  for  white 
children;  nor  shall  any  white  child  attend  any  graded  common 
school  for  colored  children  organized  under  the  provisions  of  this 
law;  nor  shall  any  colored  child  attend  any  graded  common  school 
for  white  children.  (See  Sec.  77  notes.) 

DECISION  OP  THE  COURT  OP  APPEALS. 

A  child  possessing-  1/16  negro  blood  is  a  colored  child.— 
Mullins,   etc.  v.   Belcher,   142  Ky.,  673. 

§  143.  (§  4488  Ky.  St.)  Graded  Schools  Heretofore  Established. 
—The  provisions  of  this  article  shall  not  affect  or  in  any  way  inter- 
fere with  any  graded  common  school  or  schools  maintained  by  any 
city  of  the  fifth  or  sixth  class,  or  any  town  or  school  district  organ- 
ized by  virtue  of  a  special  act  of  the  General  Assembly,  unless  the 
said  city,  town  or  district  shall  be  (by)  a  majority  vote,  endorsed 
by  the  recorded  action  of  the  board!  of  trustees,  accept  the  pro- 
visions of  this  article  for  the  government  of  said  school  or  schools 
in  any  election  held  under  the  written  order  of  the  county  judge, 
or  the  mayor  of  said  city,  in  the  manner  and  under  the  restrictions 
of  sections  136,  138,  139,  in  which  election  nothing  but  the  matter 
of  such  acceptance  shall  be  determined,  and  the  only  question  pro- 
pounded to  each  voter  shall  be:  "Are  you  in  favor  of  accepting  the 
provisions  of  the  general  graded  common  school  law?"  In  the  event 
of  such  majority  vote  in  favor  of  accepting  the  said  provisions,  and 
an  endorsement  by  the  board  of  trustees,  the  graded  common  school 
or  schools  of  the  s'aid  city,  town  or  district,  shall  thereafter  be  gov- 
erned by  and  subject  to  all  the  preceding  provisions  for  graded  com- 
mon schools. 

§  144.  (§  4489  Ky.  St.)  Graded  Schools  in  Cities  of  the  First, 
Second,  Third  and  Fourth  Classes  Not  Affected — Acceptance  of  This 
Law — Provisions.— (1)  The  provisions  of  this  article  shall  not  affect, 
or  in  any  way  interfere  with,  any  system  of  graded  common  schools 
established  and  maintained  by  any  city  of  the  first,  second,  third  or 
fourth  class,  by  virtue  of  a  general  or  special  act  of  the  General  As- 
sembly. 

(2)  Any  city  of  the  first,  second,  third  or  fourth  class  may  accept 
the  provisions  of  this  law,  and  establish  graded  common  schools, 
subject  to  all  the  provisions  thereof,  except  as  especially  hereinafter 

S.  L.— 3 


66  KENTUCKY   SCHOOL  LAWS   1916. 

provided  in  this  section,  by  a  majority  vote,  indorsed  by  the  recorded 
action  of  the  board  of  trustees,  at  an  election  held  in  the  manner  pre- 
scribed in  section  136.  In  the  event  of  a  majority  vote  in  favor  of 
accepting  the  said  provisions,  and  indorsement  by  the  board  of  trus- 
tees, the  following  provisions  shall  apply  to  the  graded  common  schools 
of  such  city  of  the  first,  second,  third  or  fourth  class  instead  of  the 
corresponding  provisions  in  the  preceding  section  of  this  article:  First, 
An  order  for  the  holding  of  an  election,  as  first  provided  in  section 
136,  may  be  made  by  the  mayor,  and  the  said  mayor  shall,  in  such  case, 
perform  all  the  duties  required  of  the  county  judge  in  carrying  into 
effect  the  provisions  of  the  law;  the  number  of  petitioners  shall  be 
one  hundred  instead  of  25  per  cent,  of  the  legal  voters;  the  election 
shall  be  held  by  the  officer  whose  duty  it  is  to  hold  other  city  elections; 
the  approval  of  the  County  Superintendent  shall  not  be  required  in  the 
petition;  and  the  location  and  site  of  any  proposed  school  house  shall 
not  be  required  to  be  set  out  in  the  said  petition.  Second,  The  maxi- 
mum limit  for  the  cost  of  any  school  building  shall  be  one  hundred 
thousand  dollars  ($100,000.00)  instead  of  fifteen  thousand  dollars 
($15,000.00).  Third,  The  number,  name  and  style  of  the  board  of 
trustees  shall  be  determined  by  themselves  instead  of  the  number 
limited  to  five;  but  the  number  of  trustees  in  no  case  shall  exceed 
one  more  than  the  number  of  wards  in  the  city.  (4)  The  length  of 
the  term,  the  order  of  retirement,  the  date  of  election  of  trustees, 
may  be  fixed  by  the  charter  of  said  city,  but  the  term  of  office  shall 
in  no  case  exceed  four  years.  (5)  Principals  and  teachers  shall  not 
be  required  to  hold  county  certificates.  (6)  The  president  of  the 
board  of  trustees  may  be  elected  from  the  city-at-large,  if  the  said 
board  shall  so  determine.  (7)  The  Superintendent  of  Public  Instruc- 
tion shall  p'ay  directly  to  the  treasurer  of  the  city  graded  common 
schools  the  pro  rata  portion  of  school  funds  due  said  city  from  the 
State.  (8)  The  aggregate  amount  of  the  outstanding  bonds  issued 
by  the  board  of  trustees  shall  not,  at  any  given  time,  exceed  2  per 
cent,  of  the  taxable  property  of  the  city,  instead  of  the  bonds  so 
issued  being  limited  in  amount  to  fifteen  thousand  dollars  ($15,000); 
Provided,  that  the  limitation  herein  before  prescribed  of  the  aggre- 
gate 'amount  of  outstanding  bonds  issued  by  the  board  of  trus- 
tees shall  not  apply  where  the  said  two  per  cent,  of  the  tax- 
able property  of  a  city  is  less  than  one  hundred  thousand  dollars 
($100,000.00);  and  whenever  the  said  two  per  cent,  of  the  taxable 
property  of  a  city  is  less  than  one  hundred  thousand  dollars  ($100,- 
000.00)  then  the  aggregate  amount  of  the  outstanding  bonds  issued 
by  the  board  of  trustees  shall  not  exceed  one  hundred  thousand  dol- 
lars ($100,000.00).  (9)  The  assessment  of  property  made  by  the  city 
assessor,  and  equalized  according  to  law,  shall  be  made  the  basis 
for  collection  of  city  taxes  for  school  purposes  of  every  kind,  and  the 
said  taxes  shall  be  collected  by  the  city  collector  at  the  same  time 


GRADED  SCHOOLS— TRUSTEES.  67 

of  collecting  other  city  taxes,  and  lie  shall  be  responsible  on  his  offi- 
cial bond  for  the  same.    (See  Sec.  136  notes,  See  cities.) 

§  145.  (§  4500b.  Ky.  St.)  Consolidated  Schools  May  be  Formed. 
—  (1)  Whenever  it  becomes  desirable  on  account  of  geographical  or 
other  conditions  to  establish  a  consolidated  school,  composed  of  'a 
graded  common  school  and  other  adjoining  common  school  subdistrict 
or  subdistricts,  the  board  of  trustees  of  such  graded  common  school 
shall  have  authority  to  enter  into  contract  with  the  County  Board 
of  Education  of  the  county  in  which  said  graded  common  school  dis- 
trict is  located,  to  establish,  operate  and  maintain  such  consolidated 
school.  The  contract  when  made  shall  be  in  writing,  and  shall  stipu- 
late in  full  and  complete  terms,  the  number  of  years  such  contract 
shall  exist,  the  employment  of  teachers,  the  arrangements  of  the 
course  of  study,  and  all  other  arrangements  necessary  to  the  suc- 
cessful conduct  of  such  consolidated  school. 

(2)  The  expense  of  the   transportation   of   pupils  to   and   from 
such  consolidated  school  may  be  provided  for  jointly  by  the  graded 
common  school,   and   the   subdistrict   or  subdistricts   annexed   or  by 
the  subdistricts  alone. 

(3)  The  tax  for  the  transportation  of  pupils  by  the  subdistricts 
concerned  shall  be  voted,  levied  and  collected  in  the  same  way  and 
at  the  same  time  that  other  consolidated  schools  vote,  levy  and  col- 
lect a  tax  for  the  same  purpose.     (See  Sec.  84  notes.) 

TRUSTEES. 

§  146.  (§  4469*  Ky.  St.)  Trustees— Incorporated— Number  of— 
Election  of  First  Board.— (1)  The  graded  common  school  districts, 
when  organized  as  aforesaid  are  hereby  incorporated  and  each  of 
them  shall  be  under  the  management  and  control  of  a  board  of 
five  trustees. 

(2)  The  first  board  to  be  elected  at  the  same  time  and  place 
and  by  the  same  persons  who  vote  at  the  election  for  the  tax,  as 
provided  in  Sections  136  and  140  of  this  law,  and  the  five  persons 
receiving  the  highest  number  of  votes  shall  be  declared  elected 
trustees. 

§  147.  (§  4469a  Ky.  St.)  Trustees— Divided  Into  Classes— Elec- 
tion of  Vacancy,  How  Filled. —  (1)  The  trustees  thus  elected  shall  be 
divided  by  lots  into  three  classes,  to  hold  their  office  for  one,  two 
and  three  years  respectively,  or  until  their  successors  are  elected 
and  qualified;  the  trustee  selected  for  the  shortest  term  to  retire 
from  office  on  the  second  Saturday  in  May  following  his  election; 
and  the  two  elected  for  the  second  shortest  term,  and  the  two  elected 
for  the  longest  term  shall  serve  one  and  two  years  respectively,  after 
the  second  Saturday  in  May  following  their  election. 

(2)  On  the  first  Saturday  inJMay  following  the  first  election  of 
trustees  under  this  act  and  the  first  Saturday  in  May  of  each  year 


68  KENTUCKY  SCHOOL  LAWS  1916. 

thereafter,  there  shall  be  elected  as  trustees  of  common  schools  are 
elected1  two  trustees  of  the  said  graded  common  school  district,  who 
shall  qualify  on  the  second  Saturday  of  the  month  of  their  election, 
to  succeed  the  two  trustees  retiring  from  office,  and  to  serve  three 
years,  and  until  their  successors  are  elected  and  qualified;  provided, 
that  at  the  next  regular  election  of  trustee,  and  thereafter  every  third 
year  there  shall  be  elected  but  one  member  of  said  board;  except 
that  vacancies  occurring  in  said  board  may  be  filled  at  any  regular 
election  of  trustees. 

(3)  If  at  any  time  there  should  be  a  vacancy  in  said  board,  the 
s'ame  shall  be  filled  by  election  of  the  remaining  members,  and  the 
person  elected  to  fill  such  vacancy  shall  hold  his  office  until  the  next 
regular  election  when  his  successor  shall  be  elected  to  fill  out  the 
unexpired  term.  (See  Sec.  159;  Contested  Election,  see  notes  Sec. 
136.) 

DECISION    OF    THE    COURT    OF    APPEALS. 

County  Superintendent  can  not  fill  a  vacancy  of  a  graded 
school  trustee,  nor  appoint  or  remove  teachers  or  trustees.— 
Mathews,  etc.  v.  Rogers,  etc.,  107  Ky.,  236. 

OPINION    OF    THE    ATTORNEY    GENERAL. 

A  mail  carrier  who  is  a  sub-contractor  is  eligible  to  the 
office  of  trustee  in  a  graded  school  district. 

s 

§  148.  (§  4470  Ky.  St.)  Powers  and  Title  of  Board  of  Trustees. 
— The  persons  so  elected  shall  be  named  and  styled  "The  Board  of 
Trustees  of  the „ Graded  Common  School  Dis- 
trict," and  in  that  name  may  sue  and  be  sued,  contract  and  be  con- 
tracted with,  &nd  as  a  natural  person  may  acquire,  hold,  dispose  of 
and  convey,  by  purchase,  gift,  devise  or  otherwise,  any  real  or  per- 
sonal estate,  goods  and  chattels,  necessary  and  convenient  for  the 
use  and  purposes  of  such  graded  common  school;  and  the  title  to 
all  such  property  shall  vest  in  said  board  of  trustees  and  their 
successors  in  office,  to  be  held  sacred  for  the  use  'and  benefit  of  said 
graded  common  school  district.  (See  Sees.  113a,  144,  174;  notes 
to  Sec.  77.) 

DECISIONS  OF  THE   COURT  OF  APPEALS. 

Trustees  of  a  graded  school  can  contract  with  County 
Board  of  Education  for  the  use  of  school  building,  both  as  a 
graded  school  building  and  as  a  high  school  building. 

Bond  issue  to  provide  for  building  to  be  used  as  a  graded 
school  and  county  high  school. 

Hours  in  which  polls  may  be  opened.— Munfordville  Mer- 
chantile  Co.  v.  Board,  etc.,  155  Ky.  382. 

"Other  expenses  needful  in  conducting  a  good  graded  com- 
mon school."  Qualification  of  voters— Sex. 

The  title  to  the  site  of  a  graded  school  building  may  be 
acquired  by  condemnation.— Jeffries  &  Co.  v.  Board  of  Trus- 
tees, etc.,  135  Ky.,  488. 

The  boards  of  health  have  power,  when  there  is  a  reason- 
able apprehension  of  an  epidemic  of  small-pox  in  a  public 
school,  to  order  the  vaccination  of  the  school  children  as  a 
condition  precedent  to  their  right  to  attend  public  school.— 
Board,  etc.  v.  McMurtry,  etc.,  169  Ky.,  457. 


1  GRADED  SCHOOLS— TRUSTEES.  69 

OPINION  OF  THE  ATTORNEY  GENERAL. 

This   section,    nor   does   any  law,  authorize   the   trustees 

of  a  graded  school  to  permit  the  use  of  part  of  their  school 

buildings  by  persons  for  the  purpose  of  operating-  a  moving- 
picture  show. 

§  149.  (§  4470a  Ky.  St.)  Vacancies  in  Trustees— County  Judge 
May  Appoint. — That  in  any  graded  common  school  district  heretofore 
or  hereafter  established  in  which  the  first  board  of  trustees  has  not 
been  or  shall  not  be  elected,  as  prescribed  by  Section  146  of  this 
act,  the  county  judge  of  the  county  in  which  such  district  is  located 
shall  have  the  power  to  fill  such  vacancies  in  the  manner  pre- 
scribed by  Section  1522  of  the  Kentucky  Statutes,  and  at  the  next 
election  of  the  trustees,  as  prescribed  by  said  section  1522,  five  trus- 
tees shall  be  elected  and  shall  be  divided  into  classes  and  their 
terms  of  office  held  as  prescribed  by  section  147  of  this  act. 

§  150.  (§  4472  Ky.  St.)  Oath  to  be  Taken  by.— Said  trustees, 
before  entering  upon  the  discharge  of  their  duties,  shall  each  take 
an  oath  faithfully  to  perform  the  duties  required  of  them  under  this 
law. 

§  151.  (§  4473  Ky.  St.)  By-Laws  May  be  Adopted— Record  of 
Proceedings  to  be  Kept. — Said  trustees  may  adopt  such  by-laws  and 
rules  for  the  government  of  themselves  and  their  appointees  and  for 
the  control,  government  and  management  of  the  graded  common 
schools  in  their  respective  districts,  as  they  may  deem  necessary, 
not  in  conflict  with  law,  and  shall  keep  a  journal  of  their  proceed- 
ings, which  shall  be  open  at  all  times  to  the  inspection  of  any  citi- 
zen of  the  graded  common  school  district  in  which  he  or  she  may 
reside.  (See  Sees.  5,  190,  6.) 

DECISION    OF    THE    COURT    OF    APPEALS. 

The  actijn  of  trustees  of  a  graded  common  school  in  sus- 
pending- a  pupil  is  final  and  conclusive  and  can  not  be  ques- 
tioned by  the  courts,  unless  they  acted  arbitratily  or  ma- 
liciously.—Cross,  etc.  v.  Trustees,  etc.,  129  Ky.,  35,  121  Ky., 


§  152.  (§  4474  Ky.  St.)  Teachers — Appointment  and  Qualifica- 
tion of— Course  of  Study.— (1)  Said  trustees  shall  appoint  and  em- 
ploy a  principal  and  all  teachers,  and  fix  their  compensation,  and 
may  suspend  or  dismiss  them,  or  any  other  person  appointed  or 
employed  by  them;  may  prescribe  the  branches  (other  than  those 
required  by  law  to  be  taught  in  the  common  schools),  which  may  be 
taught  in  said  graded  common  schools,  and  prescribe  the  necessary 
qualifications,  and  the  mode  of  examination  of  applicants  for  posi- 
tions as  superintendent,  principals,  or  teachers  in  s'aid  graded  com- 
mon schools,  but  no  person  shall  be  appointed  or  employed  as  super- 
intendent, principal  or  teacher  in  any  graded  common  school  organ- 
ized under  the  provisions  of  this  law  who  is  not  a  person  of  good 


70  KENTUCKY  SCHOOL  LAWS  1916. 

moral  character,  and  who  has  not  a  county  certificate,  as  required 
by  the  common  school  law  of  Kentucky. 

(2)  Each  teacher  in  a  graded  common  school,  except  in  cities 
of  the  first,  second,  third  and  fourth  classes,  shall  be  required  to 
keep  a  register  as  prescribed  for  teachers  of  other  common  schools, 
which  register  shall  be  left  with  the  president  of  the  board  of  trus- 
tees, who  shall  be  responsible  for  it,  and  return  it  to  the  teacher  at 
the  opening  of  the  next  school  term.  From  the  registers  in  the 
hands  of  the  several  teachers  in  the  graded  common  schools,  and 
the  record  kept  by  the  board  of  trustees,  the  principal  teacher  and 
the  president  of  the  board  of  trustees  shall,  within  ten  days  after 
the  close  of  the  school  make  a  report  to  the  County  Superintendent, 
being  provided  with  blanks  therefor  by  the  superintendent,  said  re- 
port to  give  such  information  as  is  specified  in  section  122  of  this 
act.  (See  Sec.  95  notes.) 

DECISIONS  OF  THE  COURT  OF  APPEALS. 

Acts  of  the  members  of  one  board  are  binding  upon 
members  of  succeeding-  board. 

Graded  schools  are  part  of  the  common  school  system 
of  the  State. 

Trustees  of  a  graded  school  may  at  any  time  in  the 
calendar  year  elect  teachers  for  the  ensuing:  school  year  that 
begins  in  the  year  in  which  the  election  of  teachers  is  made. — 
Wheeler  v.  Burke,  etc..  162  Ky.  143. 

A  teacher  without  a  certificate  may  teach  in  a  graded 
common  school  gratuitously.— McDowald,  etc.  v.  Parker, 
etc.,  130  Ky.,  501. 

§  153.  (§  4475  Ky.  St.)  Secretary  of  Board  in  Cities  to  Report. 
— (1)  It  shall  be  the  duty  of  each  secretary  of  the  board  of  trustees 
of  schools,  maintained  wholly  or  in  part  by  the  State,  in  cities  of  the 
first,  second,  third  and  fourth  classes,  to  report  annually,  on  or  be- 
fore the  first  of  September,  to  the  Superintendent  of  Public  Instruc- 
tion, such  facts  as  will  enable  him,  in  his  reports  to  the  General  As- 
sembly, to  give  the  important  school  statistics  of  such  cities  in  con- 
nection with  those  of  the  county  in  which  they  are  situated. 

(2)  The  secretary  shall  be  supplied  by  the  Superintendent  of 
Public  Instruction  with  blanks  therefor. 

§  154.  (§  4477  Ky.  St.)  President  and  Secretary  of  Board— Re- 
port by. — The  said  trustees  shall  elect  one  of  their  number  president, 
who  shall  preside  at  their  meetings,  and  perform  such  other  duties 
as  may  be  required  of  him,  and  they  may  elect  a  secretary  and  pre- 
scribe his  duties.  The  president  and  secretary,  or  either  of  them, 
shall  make  such  reports  to  the  county  superintendent  "as  are  re- 
quired of  common  school  trustees,  and  shall  publish  annually  such 
information  as  will  show  the  financial  condition  of  the  graded  com- 
mon school  district,  and  such  other  facts  as  they  may  deem  bene- 
ficial to  the  cause  of  education  in  their  respective  districts. 

§  155.  (§  4477  Ky.  St.)  Free  Tuition  to  Resident  White  Pupil 
Children.— All  white  children  within  the  common  school  age  resid- 


GRADED  SCHOOLS— TREASURER.          71 

ing  in  any  graded  common  school  district  shall  have  the  right  of 
free  admission  to  the  graded  common  school  thereof.  (Residence — 
See  notes  to  section  92.) 

§  156.  (§  4478  Ky.  St.)  Terms  of  Admission  of  Children  Not 
Residents. — The  trustees  may  admit  into  said  graded  common  school 
children  who  do  not  reside  within  the  said  district,  or  persons  over 
the  common  school  age,  on  such  terms  and  conditions,  and  upon 
the  payment  of  such  tuition  and  other  fees  as  they  may  deem 
proper. 

§  157.  (§  4479  Ky.  St.)  Treasurer,  Bond—Duties,  Compensa- 
tion of. — (1)  The  said  board  of  trustees  shall  appoint  a  treasurer  for 
said  graded  common  school  district,  who,  before  entering  upon  the 
duties  of  his  office  shall,  in  the  county  court,  execute  bond,  with 
sureties  approved  by  the  court,  payable  to  the  Commonwealth  of 
Kentucky,  for  the  use  and  benefit  of  the  trustees  of  said  graded 
common  school  district,  conditioned  for  the  faithful  performance  of 
his  duties  under  this  article. 

(2)  All  funds  arising  from   the   sale   of  bonds  under  this  law 
and  'all  funds  collected  for  the  purpose  of  defraying  the  annual  ex- 
penses of  said  schools,  and  for  the  payment  of  the  principal  and  in- 
terest of  said  bonds,  or  for  any  other  purposes,  shall  go  into  the 
hands   of  said  treasurer,   who   shall,   together  with  his   sureties,  be 
responsible  therefor. 

(3)  Said  treasurer  shall  pay  out  said  funds  only  for  the   pur- 
poses for  which  they  were  respectively  collected,  upon  the  written 
order  of  the  president  and  secretary  of  said  board  of  trustees. 

(4)  The  board  of  trustees  shall  pay  its  treasurer  such  sum  for 
his  services  as  shall  be  reasonable  and  just.     (See  notes  Sec.  158.) 

DECISIONS   OF   THE   COURT  OF  APPEALS. 

The  board  of  trustees  of  white  or  colored  graded  schools 
are  not  authorized  to  expend  money  for  any  purpose,  except 
for  such  purpose  as  authorized  by  law.— Thornton,  etc.  v. 
White,  etc.,  162  Ky.  796. 

The  taxes  received  from  the  State  by  a  district  may  not 
be  used  either  for  the  purpose  of  purchasing-  a  lot,  the  erec- 
tion of  a  school  building-,  or  for  furnishing-,  but  must  be 
used  solely  for  educational  purposes.— Crabbe,  etc.  v.  Board, 
etc.,  132  Ky.,  478. 

Expenditures  exceeding-  the  income  in  a  year  without  a 
vote.— White  Common  School  Dist.  v.  Grachy,  etc.,  138  Ky., 
128. 

§  158.  (§  4480a  Ky.  St.)  Payment  to  Treasurer  of  Pro  Rata 
of  School  Funds. — The  County  Superintendent  of  Schools  shall  pay 
to  the  treasurer  of  any  gr'aded  common  school  district  that  may  be 
organized  and  operating  in  his  county,  in  conformity  with  this 
article,  the  pro  rata  portion  of  the  State  and  county  funds  due  the 
said  district,  according  to  the  number  of  pupil  children  therein,  after 
the  monthly  and  term  reports  as  required  of  other  schools,  have 
been  properly  filed  and  certified  to  by  the  chairman  and  secretary 


72  KENTUCKY   SCHOOL  LAWS  1916. 

of  the  board  of  trustees  of  said  graded  school  and  filed  in  the  office 
of  the  County  Superintendent.  The  County  Superintendent  may 
withhold  the  amount  due  for  any  month,  until  the  monthly  report 
has  been  properly  made  and  filed,  or  he  may  withhold  the  amount 
due  for  the  last  month  until  the  annual  report  has  been  properly 
m'ade  and  filed.  (See  Sec.  157  notes.) 

DECISIONS   OF  THE   COURT  OF   APPEALS. 

County  Superintendent  has  no  right  to  hold  State  school 
money  belonging:  to  a  graded  school  district  against  the  will 
of  the  trustees;  nor  has  he  the  legal  right  to  turn  it  back 
to  the  State  Treasurer.— Crabbe,  etc.  v.  Board,  etc.,  132  Ky., 
478. 

The  commission  of  an  ordinary  common  school  district 
into  a  free  graded  one,  and  the  payment  to  the  latter  of  the 
pro  rata  of  the  common  school  fund  going  to  the  common 
school  district,  is  constitutional,  because  it  is  in  aid  of  the 
common  school  system,  and  not  a  diversion  of  the  fund  de- 
voted by  our  Constitution  to  that  purpose.— Rigg,  etc.  v. 
Stevens,  etc.;  Garvey,  etc.  v.  Dulaney,  etc.,  92  Ky.,  393;  Wil- 
liamstown,  etc.  v.  Webb,  etc.,  89  Ky.,  264. 

OPINION    OF    THE    ATTORNEY    GENERAL. 

It  is  the  duty  of  the  County  Superintendent  to  pay  the 
pro  rata  of  the  school  fund  to  the  treasurer  of  the  graded 
school  district  regardless  of  whether  or  not  the  school  had 
been  taught  in  accordance  with  the  law.  The  treasurer  is 
required  to  execute  bond  for  the  faithful  performance  of  his 
duties,  and  if  he  should  pay  out  money  without  proper  war- 
rant or  law  for  so  doing,  he  would  be  responsible  on  his 
official  bond  for  the  amount. 

§  159.  (§  4485  Ky.  St.)  Trustee  is  Appointed  Officer  of  Election 
— Duties  of  Officers. — After  the  first  election  provided  for  in  this 
law,  shall  have  been  held,  the  tax  voted,  trustees  elected,  and  the 
graded  common  school  organized,  the  board  of  trustees  shall  appoint 
the  officers  to  hold  all  other  elections,  which  officers  shall  take  an 
oath  to  be  under  the  same  responsibilities  and  subject  to  the  same 
penalties  as  the  officers  holding  State  or  county  elections,  only  they 
shall  make  returns  of  poll-books,  and  certify  the  result  of  the  elec- 
tions to  the  board  of  trustees,  who  shall  examine  and  compare  the 
same,  and  issue  certificates  to  the  persons  found  to  be  elected.  (See 
Sees.  146-149.) 

DECISIONS  OF  THE  COURT  OF  APPEALS. 

Taking  provisions  of  this  section  together  with  the  whole 
act,  to  put  all  school  elections  affecting  graded  school  dis- 
tricts under  the  control  of  the  board  of  trustees,  and  to  au- 
thorize it  not  only  to  call  the  election  and  to  appoint  the 
election  officers,  but  to  canvass  the  returns  and  certify  the 
result. 

Treasurer  and  tax  collector  of  a  graded  school  district 
may  serve  as  election  officer. 

Any  graded  school  election  may  be  held  on  another  day 
than  regular  election  day. 

In  the  absence  of  statutory  provisions,  the  board  of  trus- 
tees may  do  anything  at  a  special  meeting  that  it  could  do  at 
a  regular  meeting.— Clark  v.  Board  of  Trustees,  et  al.,  164 
Ky.,  210. 

Under  this  section  th^  board  of  trustees  should  appoint  elec- 
tion officers  and  they  should  return  the  poll  book  and  certify 
the  result  of  the  election  to  the  board,  who  after  examining 
and  comparing  the  same,  should  issue  certificates  to  the 
persons  found  to  be  elected. 

A  trustee  who  was  elected  could  compel  the  board  by 
mandamus  proceedings  to  issue  him  a  certificate  of  election.— 
Chapman  v.  Freeman,  166  Ky.,  536. 


GRADED  SCHOOLS— TAXATION.  73 

TAXATION. 

§  160.  (§  4481*  Ky.  St.)  Grounds  and  Buildings—To  Be  Pro- 
vided for — Bonds  May  be  Issued — Limit  and  Sale  of. — (1)  Said  board 
of  trustees  shall  provide  funds  for  purchasing  suitable  grounds  and1 
buildings,  or  for  erecting  and  repairing  suitable  buildings,  and  for 
other  expenses  needful  in  conducting  a  good  graded  common  school 
in  their  graded  common  school  district;  and  to  this  end  they  may 
use  such  part  of  the  proceeds  of  the  said  tax  as  they  deem  neces- 
sary, and  it  shall  be  the  duty  of  said  board  of  trustees,  and  if,  in 
their  opinion,  it  be  necess'ary,  they  are  hereby  authorized  and  em- 
powered to  order  an  election  and  submit  to  the  voters  of  their  re- 
spective graded  common  school  districts  the  question  whether  or 
not  the  trustees  thereof  shall  issue  bonds  of  their  respective  graded 
common  school  districts,  in  any  amount  not  exceeding  the  limit  pro- 
vided by  sections  157  (one  hundred  and  fifty-seven)  and  158  (one 
hundred  and  fifty-eight)  of  the  present  Constitution  of  this  State, 
for  the  purpose  of  providing  suitable  grounds,  school  buildings,  furni- 
ture and  apparatus  for  their  respective  graded  common  school  dis- 
tricts: Provided,  That  due  notice  of  said  election  shall  be  given  by 
the  trustees  of  their  respective  districts,  by  written  or  printed  post- 
ers not  less  than  one  foot  square,  signed  by  the  trustees  of  their 
respective  districts,  stating  the  time,  place,  and  hours  of  the  said 
election,  posted  at  not  less  than  six  public,  conspicuous  places  in  the 
district  for  ten  days  previous  to  the  day  of  election,  and  by  one  in- 
sertion thereof  in  the  newspaper,  if  any,  published  in  said  district. 

(2)  The  board1  shall  appoint  two  judges,  a  clerk  and  a  sheriff 
to  hold  such  election,  who  shall  be  first  duly  sworn  before  acting 
and  shall  be  housekeepers  and  taxpayers,  resident  in  the  district 
for  which  they  are  appointed,  and  one  of  the  judges  shall  ask  of  each, 
voter:  "Are  you  in  favor  of  the  issue  of  bonds  by  the  trustees  of 
the  graded  common  schools  of  this  district,  for  the  purpose  of  pro- 
viding suitable  grounds,  school  buildings,  furniture  and  apparatus 
for  this  district?"  and  the  clerk  sh'all  record  the  answer,  "Yes"  or 
"No,"  as  given  by  the  voter.  If  two-thirds  of  the  voters  voting  at 
said  election  vote  in  favor  of  the  issue  of  the  bonds,  then  the  trustees 
of  such  graded  common  school  may  issue  the  bonds  of  said  district 
for  an  amount  not  exceeding  the  constitutional  limit  and  in  con- 
formity with  the  Constitution  of  this  State.  (See  Sees.  129,  136 
notes.) 

DECISIONS  OF  THE  COURT  OF  APPEALS. 

The  order  calling:  bond  election  need  not  specify  proposed 
rate  of  taxation.— Clark  v.  Board  of  Trustees,  et  al.,  164  Ky., 
210. 

Graded  Common  Schools— Change  of  Site— Election  Re- 
turns—To Whom  Made.— Boundaries  following  the  dividing 
lines  between  well  known  farms  are  sufficient.— Snyder,  etc. 
v.  Board,  etc.,  142  Ky.,  739. 

Graded    Common    Schools— Votes    as    to    Whether    Bonds 


74  KENTUCKY   SCHOOL  LAWS  1916. 

• 

Shall  be  Issued— Notice.— Appointment  of  judge  and  clerk  of 
election  by  other  trustees,  acting  under  color  of  appoint- 
ment, does  not  render  election  invalid.— Lamaster  v.  "SVilker- 
son,  etc.,  143  Ky.,  226. 

In  the  absence  of  any  statutory  limitation  upon  the 
authority  of  the  trustees  to  submit  the  question  of  creating 
an  indebtedness  more  than  once  in  the  same  year— we  think 
that  when  a  tax  has  been  defeated  the  trustees  may  again  as 
often  as  they  think  proper,  submit  the  same  or  a  different 
question  to  the  voters. 

A  notice  that  conforms  to  the  statute  is  sufficient. 

The  statutes  expressly  provide  that  when  the  indebted- 
ness is  created  the  trustee  shall  levy  the  tax. 

The  statute  does  not  provide  that  the  order  calling-  the 
election  or  the  notices  shall  specify  the  extent  of  the  indebt- 
edness. Failure  so  to  do  will  not  invalidate  the  election. 

The  trustees  could  not  in  any  event  create  an  indebted- 
ness exceeding  the  Constitution  limit,  only  the  excess  would 
be  void.— McKinney  v.  Board  Trustees,  144  Ky.,  85;  Hughes  v. 
Roberts,  etc.,  142  Ky.,  142;  Young  v.  Roberts,  etc.,  143  Ky., 
511. 

Elections  to  issue  bonds  in  Graded  School,  122  S.  W.,  510. 

Section  157,  of  the  Constitution,  makes  void  any  indebted- 
ness incurred  by  the  board  of  trustees  of  a  graded  school  dis- 
trict, in  any  year,  which  is  in  excess  of  the  income  and  rev- 
enue provided  for  such  year,  without  the  assent  of  two-thirds 
of  the  voters  of  such  district.  Only  the  excess  of  indebtedness 
attempted  to  be  created  by  the  board  of  trustees  of  a  graded 
school  district,  over  and  above  the  income  and  revenue  for 
the  year,  is  void.— Flanders,  etc.  v.  Board,  etc.,  170  Ky.,  627. 

§  161.  (§  4481*  Ky.  St.)  Tax  to  Pay  Interest  on  Bonds  and 
Provide  a  Sinking  Fund. — And  for  the  purpose  of  meeting  the  inter- 
est on  such  bonds  and  creating  a  sinking  fund  for  the  payment  of 
the  principal  thereof,  the  board  of  trustees  of  their  respective  dis- 
tricts where  the  issue  of  such  bonds  is  voted,  are  authorized  and 
empowered  to  levy  annually  a  tax  in  addition  to  that  already  voted, 
which  shall  not  increase  the  tax  rate  for  school  purposes  in  their 
respective  districts  to  more  than  seventy-five  cents  on  each  $100.00 
worth  of  taxable  property  within  the  district.  (See  notes  to  Sec. 
165.) 

OPINION    OF    THE    ATTORNEY    GENERAL 

If  the  assessor  follows  the  requirements  of  section  4054 
Kentucky  Statutes  his  tax  books  will  show  all  tne  taxable 
property  in  each  graded  school  district  because  each  graded 
school  district  is  a  taxing  district,  and  the  property  in  each 
taxing  district  must  be  kept  separate.  In  taking  the  list  the 
assessor  should  make  each  schedule  so  as  to  show  in  what 
justice's  district  the  property  is  located  and  should  also  make 
each  schedule  so  as  to  show  the  graded  school  district  in 
which  the  property  is  located.  A  person  owning  property  in 
and  out  of  a  graded  school  district.  He  should  make  two. 
On  one  should  re  listed  the  property  within  the  graded  school 
district  and  on  the  other  should  be  listed  the  property  out- 
side the  graded  school  district.  And  it  is  the  duty  of  the 
assessor  to  perform  this  work  without  extra  compensation. 

§  162.  (§  4481*  Ky.  St.)  Bonds— Description  of.— The  said 
bonds  may  be  of  any  denomination,  in  even  hundreds,  not  exceeding 
one  thousand  dollars  each,  running  not  exceeding  thirty  years  and 
bearing  interest  not  exceeding  six  per  cent,  per  annum,  payable 
annually  or  semi-annually  as  expressed  in  s'aid  bonds  payable  to 
bearer  with  interest  coupons  attached. 


GRADED    SCHOOLS— TAXATION.  75 

§  163.  (§  4481*  Ky.  St.)  Bonds  to  be  Signed  by  President  of 
Board.— (1)  The  said  bonds  shall  be  signed  by  the  president  of  the 
board  of  trustees  and  attested  by  the  secretary  thereof,  shall  pass 
by  delivery,  and  shall  be  redeemable  'at  the  option  of  said  board. 

(2)  Said  bonds  shall  be  sold  by  the  trustees  or  their  author- 
ized agent,  for  the  highest  price  obtainable,  but  for  not  less  than 
their  face  par  value  and  accrued  interest,  and  the  proceeds  paid  over 
to  the  treasurer  and  applied  to  the  uses  and  purposes  contemplated 
in  this  law. 

DECISION  OF  THE  COURT  OF  APPEALS. 

After  the  board  has  once  exercised  an  option  and  deter- 
mined when  the  bonds  shall  be  redeemed,  it  can  not  there- 
after exercise  another  option  and  fix  a  different  time  for  re- 
demption.—Snyder,  etc.  v.  Board,  etc.,  144  Ky.,  256. 

§  164.  (§  4481a  Ky.  St.)  Provisions  of  Section  160  Applied  to 
All  Districts. —  (1)  All  the  rights  and  powers  as  to  issuing  bonds  and 
levying  taxes  to  pay  the  principal  and  interest  of  same  mentioned 
in  sections  160-163  of  this  act  as  amended  by  the  act  of  the  General 
Assembly,  approved  March  12th,  one  thous'and  eight  hundred  and 
ninety-six,  Acts  1896,  chapter  4,  and  for  the  purpose  therein  men- 
tioned, are  hereby  applied  by  and  conferred  upon  all  graded  com- 
mon schools,  maintained  by  any-  city  of  the  fifth  or  sixth  class,  or 
any  town  or  school  district  organized  by  virtue  of  a  special  act  of 
the  General  Assembly. 

(2)  The  election  is  to  take  the  sense  of  the  voters  'as  to  issuing 
of  said  bonds  and  levying  of  said  taxes  to  be  held  by  the  board  of 
trustees  as  provided  in  said  act  of  one  thousand  eight  hundred  ninety- 
six. 

DECISION  OF  THE  COURT  OF  APPEALS. 

Calvert  v.   Brock,    etc.,   142  Ky.,    833. 

§  165.  (§  4482  Ky.  St.)  Tax  That  May  be  Levied— Sinking 
Fund.— (1)  The  board  of  trustees  of  any  graded  common  school  dis- 
trict where  the  tax  has  been  voted  shall  cause  to  be  levied  and  col- 
lected an  annual  ad  valorem  tax,  in  any  sum  not  exceeding  the 
amount  voted  for  in  said  district  under  the  provisions  of  this  law, 
upon  each  one  hundred  dollars'  worth  of  property  of  every  kind  and 
character,  having  value  and  owned  by  any  white  person,  company 
or  corporation,  subject  to  taxation  within  the  limits  of  said  graded 
common  school  district;  or  shall  cause  to  be  levied  annually  a  poll 
tax  in  any  sum  not  exceeding  the  amount  voted  in  said  district 
under  this  law,  on  each  white  male  citizen  residing  within  the  limits 
of  any  graded  common  school  district,  over  twenty-one  years  of 
age,  or  both  ad  valorem  and  a  poll  tax,  if  so  voted  at  the  said  elec- 
tion. Provided,  no  levy  shall  be  made  under  the  provisions  of  this 


76  KENTUCKY   SCHOOL  LAWS  1916. 

law  later  than  the  close  of  the  fiscal  year  in  which  the  last  county 
assessment  shall  have  been  made. 

(2).  The  board  of  trustees  shall,  out  of  collections  under  each 
levy,  by  order,  set  apart  out  of  the  collections  under  each  levy,  a 
sufficient  amount  to  pay  interest  for  the  year  on  any  bond  issued, 
and  the  treasurer  shall  pay  same;  and,  in  addition,  shall,  out  of  the 
several  levies,  until  entire  payment  of  such  bonds,  set  aside  a  suffi- 
cient amount  as  a  sinking  fund,  when  aggregated,  to  meet  the  prin- 
cipal of  the  bonds  at  maturity,  which  sinking  fund  shall  be  kept 
loaned  with  ample  security,  or  profitably  invested,  and  shall  be  used 
for  no  other  purpose  than  the  payment  of  principal  of  such  bond. 
But  if  the  board  so  order,  the  sinking  fund,  or  any  part  thereof, 
may  be  used  in  the  purchase  of  such  bonds  before  maturity,  except 
a  sufficiency  to  pay  interest  on  the  outstanding  bonds.  Provided, 
That  after  July  1,  1914,  any  graded  common  school  which  has  been 
regularly  voted  and  organized,  and  which  does  not  levy  as  much 
as  fifty  cents  on  each  hundred  dollars'  worth  of  taxable  property, 
shall  have  the  power,  and  their  charters  are  hereby  amended  so  as 
to  empower  them  to  levy  any  rate  of  tax  for  operating  expenses,  not 
to  exceed  fifty  cents  on  each  one  hundred  dollars'  worth  of  taxable 
property,  and  one  dollar  and  fifty  cents  poll  tax,  and  that  their 
boards  of  education  be  and  the  same  are  hereby  authorized  to  exer- 
cise this  power,  when,  in  their  judgment,  the  demands  of  the  school 
make  it  expedient, 

§  165a.  The  trustees  in  any  graded  school  district  in  this  State 
when  it  is  deemed  necessary  to  raise  an  amount  above  that  which 
may  be  raised  by  a  levy  of  fifty  cents  on  each  one  hundred  dollars' 
worth  of  taxable  property  and  one  dollar  and  fifty  cents  poll, 
may  levy  an  additional  tax  not  to  exceed  twenty-five  cents  on  each 
one  hundred  dollars'  worth  of  taxabla  property  in  the  district,  for 
the  purpose  of  maintaining  the  school  and  erecting  and  repairing 
buildings.  Such  tax  may  be  levied  at  any  time  before  the  close  of 
the  fiscal  year  in  which  the  last  county  assessment  shall  have  been 
made,  and  a  record  of  such  levy  shall  be  entered  on  the  records  of 
said  trustees,  and  show  the  amount  thereof  and  the  number  of  years 
for  which  same  is  to  run,  and  shall  be  collected  in  the  same  manner 
as  other  taxes  in  graded  school  districts.  (See  notes  Sees.  129,  169.) 


APPEALS. 

tax  at  the  limit 
•e  not  exceed- 
faven,  etc.  v. 

• 


GRADED  SCHOOLS— TAXATION.  77 

OPINION    OF    THE    ATTORNEY    GENERAL. 

Graded  school  districts  are  entitled  to  collect  taxes  on 
all  property  listed  for  taxation  within  the  district  as  of  the 
first  of  September. 

§  166.  (§  4482  Ky.  St.)  Assessment  and  Collection  of  Tax- 
Duties  of  Officers. — The  assessment  of  property,  the  collection  of 
taxes,  powers  and  duties  of  trustees  and  other  officers  in  graded 
common  school  districts,  shall  be  governed  by  section  135  of  this 
act.  (See  notes  Sec.  161.) 

§  167.  (§  4486  Ky.  St.)  Tax— Election  May  be  Held  Every 
Two  Years. — If  it  be  found  that  a  majority  of  the  votes  cast  upon 
the  said  proposition  in  the  election  provided  for  in  section  136  of  this 
act  to  be  cast  against  said  tax,  then  the  said  tax  shall  not  be  levied 
or  collected.  But  the  question  of  voting  the  said  tax  may,  after  the 
expiration  of  two  years  from  the  first  or  any  subsequent  vote,  be 
again  submitted  to  the  legal  voters  of  said  district  upon  the  con- 
ditions and  in  the  manner  prescribed  for  the  first  vote. 

§  168.  (§  4497*  Ky.  St.)  Tax  Assessment  and  Collection  of.— 
The  tax  so  imposed  shall  be  collected  on  the  assessed  value  of  the 
property  in  the  district  as  ascertained  by  the  assessment  made  for 
State  and  county  purposes  next  preceding  the  collection  of  the  tax, 
and  may  be  collected  by  the  sheriff  of  the  county  or  by  a  collector  ap- 
pointed for  that  purpose  by  the  board  of  trustees;  and  the  collector 
or  sheriff  shall  have  the  s'ame  power  in  the  collection  of  such  tax  as 
he  has  in  the  collection  of  a  State  tax,  and  the  same  penalties  shall 
be  added  for  a  failure  to  pay  the  same,  and  it  shall  be  collected  at 
the  same  time  and  in  the  s'ame  manner  as  the  State  tax,  and  the  same 
compensation  shall  be  paid  for  its  collection  as  is  paid  for  collecting 
the  State  revenue. 

§  169.  (§  4493*  Ky.  St.)  Tax  to  Pay  Interest  and  Bonds— When 
Levied. — The  annual  tax  for  the  payment  of  the  interest  and  principal 
of  said  bonds  shall  be  levied  on  the  second  Monday  in  May  of  each 
year;  and  when  paid  over  to  the  treasurer  of  the  board,  he  shall  at 
once  apply  the  same  to  the  payment  of  the  interest,  and  principal  of 
the  bonds  as  required  by  the  board.  When  the  bonds  and  interest  are 
paid  the  tax  shall  not  be  levied  or  collected  nor  shall  the  trustees,  or 
any  of  them  receive  any  compensation  for  their  services  under  this 
law.  (See  Sec.  129  notes.) 

§  170.  (§  4492*,  §  4499*  Ky.  St.)  Settlement  of  Accounts.— The 
collecting  officer  and  the  treasurer  of  the  board  of  trustees  shall  settle 
their  accounts  with  the  board  on  or  before  the  first  Monday  in  Jan- 
uary each  year,  and  the  board  may  require  them  to  state  their  ac- 
counts as  often  as  once  every  three  months. 

§  171.  (§  4498*,  §  4499*  Ky.  St.)  Collectors  Must  Give  Bond.— 
No  tax  collector  appointed  under  the  provisions  of  this  act  shall  com- 
mence the  discharge  of  the  duties  of  his  office  until  he  has  appeared 
In  the  county  court  of  the  county,  in  which  the  graded  school  is 


78  KENTUCKY   SCHOOL  LAWS  1916. 

situated,  and  taken  the  oath  of  office  and  executed  with  good  securities, 
a  bond  similar  to  that  prescribed  by  law  for  other  tax  collectors. 

§  172.  (§  4490*,  4494*,  4495*,  4500*  Ky.  St.)  Bonds  May 
be  Issued  by  Trustees  to  Pay  Off  Old  Debts  or  to  Refund  Old  Bonds. 
—The  board  of  trustees  of  graded  schools  maintained  by  the  taxa- 
tion and  designed  for  the  education  of  children  residing  within  cer- 
tain boundaries,  may,  in  c'ases  where  the  tax  now  imposed  in  such 
districts  is  not  sufficient  for  the  expenses  of  the  school  and  to  pay 
off  former  obligations,  issue  the  bonds  of  such  districts  for  an 
amount  sufficient  to  meet  the  indebtedness,  and  impose  annually  a 
tax  of  not  exceeding  twenty-five  cents  on  each  one  hundred  dollars' 
worth  of  property  in  the  district,  in  addition  to  the  tax  now  im- 
posed in  such  districts  to  pay  the  bonds  issued  and  the  interest 
thereon. 

The  bonds  alluded  to  in  the  preceding  paragraph,  which  trustees 
may  issue,  shall  be  issued  for  any  of  the  following  purposes,  namely: 
(1)  to  pay  for  school  buildings  which  have  heretofore  been  com- 
pleted, but  not  paid  for;  (2)  to  pay  for  school  buildings,  grounds, 
school  furniture,  apparatus,  and  to  pay  any  debts  that  the  trustees 
of  the  district  have  contracted  in  establishing  and  furnishing  the 
s'ame;  (3)  to  refund  bonds  that  were  issued  prior  to  the  adoption 
of  the  present  constitution,  by  the  authority  of  special  laws,  and 
have  matured  without  being  paid;  (4)  to  refund  bonds  issued  by 
former  boards  of  trustees  of  the  district  and  which  bonds  are  still 
outstanding  and  bearing  a  high  rate  of  interest;  provided  that  the 
said  refunding  bonds  shall  not  bear  a  higher  r'ate  of  interest  than 
five  per  centum  and  shall  run  not  less  than  twenty  years. 

§  173.  (§  4499*  Ky.  St.)  Bonds  Issued  by  Board  of  Trustees  to 
Conform  to  All  Regulations  Governing  Bonds  Voted  by  the  People. — 
The  said  bonds  issued  by  the  board  of  trustees  of  a  graded  common 
school  district  to  pay  off  old  debts  or  to  refund  old  bonds  shall  be 
governed  in  all  respects  by  the  same  laws  governing  bonds  issued 
by  the  board  of  trustees  on  a  vote  of  the  people. 

§  174.  Bonds  Issued  by  a  Majority  of  Board. — The  said  bonds 
shall  be  issued  by  order  of  a  majority  of  the  board  of  trustees,  and 
no  part  of  the  proceeds  of  the  sale  of  such  bonds  shall  be'  used  for 
any  purpose  other  than  the  purpose  or  purposes  for  which  said 
bonds  were  issued. 

§  175.  (§  4490*  Ky.  St.)  Bonds  of  Like  Schools  to  Graded  Com- 
mon Schools. — The  foregoing  provisions  relating  to  the  issue  of 
bonds  by  boards  of  trustees  shall  apply  as  well  to  like  schools  under 
the  authority  and  management  of  a  board  of  education  or  other 
authority  of  a  district,  town  or  city. 

§  176.  (§  4499*  Ky.  St.)  Trustees  May  Collect  Tax  and  Pay 
Debt. — That  in  the  event  trustees  do  not  desire  to  issue  bonds,  they 
shall  collect  the  taxes  provided  for  in  the  previous  sections  and 


GRADED  SCHOOLS— TAXATION.  79 

apply  the  s'ame,  after  paying  cost  of  collecting,  to  the  discharge  of 
the  indebtedness,  pro  rata,  from  year  to  year,  till  all  the  said  debts 
are  paid;  and  if,  after  making  final  levy  and  paying  the  debts,  there 
is  a  residue,  it  shall  be  turned  over  to  the  district  treasurer  and 
become  common  funds  of  the  district.  But  excepting  the  residue 
mentioned  in  this  section,  no  part  of  the  taxes  or  proceeds  of  bonds 
herein  provided  for  shall  be  used  for  any  other  purpose  than  pay- 
ing cost  of  collecting  and  the  debts  contracted  by  the  trustees  prior 
to  the  time  of  levying  the  first  year's  tax  provided  for  in  this  chap- 
ter. 


80  KENTUCKY  SCHOOL  LAWS  1916. 

CHAPTER  XII. 

TEACHERS. 

§  177.  (§  4501  Ky.  St.)  Teachers'  Certificates— Grades—  Exami- 
nations— Grades  of  Certificates — Subjects — Dates  of  Examination. — 
(1)  There  sh'all  be  three  grades  of  certificates  issued  to  teachers  of 
common  schools;  first,  a  State  teacher's  diploma;  second,  State 
teacher's  certificate;  third,  a  county  certificate,  which  may  be  first 
class  or  second  class. 

(2)  Before  any  person  shall  be  qualified  to  teach  in  any  common 
school,  such  person  shall  obtain  one  of  these  three  grades  of  certifi- 
c'ates. 

(3)  The  State  Board  of  Examiners  shall  carefully  prepare  three 
series  of  questions  for  white  teachers  and  an  equal  number  for  colored 
teachers,  all  of  the  same  grade;    shall  enclose  in  an  envelope  such 
number  of   questions   of  each   given   series   as   the   County  Superin- 
tendent shall  make  requisition  for,  at  least  twenty  days  before  the 
examination,  with  the  name  of  the  subject  plainly  written  or  printed 
across  the   seal   thereof;    shall   enclose  -the   several  envelopes   in   a 
package,  which  they  shall  seal  and  forward  by  registered  mail  to 
each  County  Superintendent  at  le'ast  one  week  before  the  examina- 
tion, designating  on  the  outside  of  the  package  the  month  and  the 
date  for  which  the  same  shall  be  used. 

(4)  The  County  Superintendent  shall  carefully  preserve  the  said 
package  of  questions  under  seal  until  the  hour  of  examination;  and 
the  seal  of  the  said  p'ackage  shall  then  be  examined  by  the  other 
examiners  and  the  applicants  for  certificates  and  the  package  shall 
then  be  opened  in  their  presence. 

(5)  Immediately  after  examining  the  package  of  questions,  each 
of  the  county  examiners  shall,  under  his  oath  as  an  examiner,  upon 
blanks  furnished  for  that  purpose  by  the   Superintendent  of  Public 
Instruction,  give  a  separate  certificate,  with  signatures,  attested  to 
by   two   reliable   witnesses,   that   he   had    personally    inspected    said 
package,  and  whether  he  had    found    the  s'ame    intact  as  provided 
herein,  and  forward  the  certificate  to  the  Superintendent  of  Public 
Instruction  on  the  same  date. 

(6)  Separate  certificates  shall  be  made  and  forwarded  for  State 
and  county  certificate  examinations. 

(7)  There  shall  be  two  examinations  held  in  each  county  of  the 
State  annually,  for  a  State  certificate  on  the  third  Friday  and  Satur- 
day in  June  and  September.    There  shall  be  three  examinations  held 
for  white  teachers  in  each  county  of  the  State  on  the  third  Friday 
and  Saturday  in  May,  June  and  September  of  each  year,  and  three 
for  colored  teachers  upon  the  fourth  Friday  and   Saturd'ay  for  the 


TEACHERS— EXAMINATION.  81 

same  months,  and  no  examinations  for  either  State  or  county  certifi- 
cates shall  be  held  at  any  other  time  whatever. 

(8)  No  certificate  shall  be  issued  upon  the  dates  of  the  exami- 
nations nor  shall  'any  answer  be  passed  upon  in  the  presence  of  any 
of  the  applicants. 

(9)  The  examiners  shall  exclude  from  the  room  during  the  exam- 
ination all  persons  other  than  applicants  and  see  that  the  applicants 
are   seated   at  the   proper   distance   from   each  other  and   shall   see 
that  no  assistance  is  given  or  obtained  by  any  applicant  during  the 
examination,  and  shall  refuse  to  grant  a  certificate  to  any  applicant 
who  may  either  obtain  or  give  such  assistance. 

(10)  The  examiners  shall  allot  a  reasonable  time  for  the  exami- 
nations on  each  subject,  taking  the  subjects  in  the  following  order: 

I,  spelling;    2,   reading;    3,   writing;    4,   arithmetic;    5,   grammar;    6, 
English   composition;    7,   geography;    8,    physiology   and   hygiene;    9, 
civil  government;    10,  United  States  History  and  Kentucky  History; 

II,  theory  and  practice  of  teaching;  and  shall  collect  the  answers  of 
all  applicants  when  the  time  allotted  has  expired  and  no  {additional 
subjects  shall  be  given  until  the  answers  to  the  previous  subjects 
have  all  been  collected. 

(11)  The  County  Superintendent  and  at  least  one  of  the  exami- 
ners shall  be  present  and  shall  conduct  all  examinations  and  sign 
all  certificates 

(12)  No  certificate  shall  be  granted  to  any  person  who  indulges 
in   drunkenness,   profanity,   gambling    or     licentiousness    or  who   is 
otherwise  unfit  to  be  a  teacher.     (Certificates  to  pupils  completing 
course  of  study,  Sec.  7,  See  Sees.  74,  182,  184,  186,  187  notes.) 

§  178.  (§  4502  Ky.  St.)  State  Diplomas— Granting  and  Effect- 
Fee. — (1)  State  diplomas  may  be  issued  by  the  State  Board  of  Exam- 
iners after  a  personal  examination  held  at  the  State  Capitol  on  the 
last  Wednesday  of  July  of  each  year,  upon  the  subjects  embraced 
in  the  common  school  course  of  study  and  also  upon  the  science 
and  art  of  teaching,  psychology,  English  literature,  algebra,  high 
arithmetic,  geometry,  physics  and  elementary  Latin. 

(2)  In  order  to  be  entitled  to  a  State  teacher's  diploma,  the  ap- 
plic'ant  in  addition  to  attaining  on  the  required  examination  an  aver- 
age grade  of  not  less  than  ninety  per  centum,  the  lowest  grade  on 
any  subject  being  not  less  than   seventy   per  centum,   shall   be   at 
least  twenty-four  years  old,  shall  have  taught  in  the  State  at  least 
two  years,  and  shall  present  satisfactory  evidence  of  unexceptionable 
moral  character. 

(3)  A  State  diploma  shall  be  good  in  all  schools  throughout  the 
State  maintained   wholly  or  partly  by  the   State,  until  revoked  by 
the  Superintendent  of  Public  Instruction,   or  until  the  holder  shall 
fail  for  five  successive  years  to  be  engaged  in  active  school  work. 
It  shall  qualify  the  holder  for  eligibility  as  candidate  for  the  office 
of  Counjy  Superintendent  of  Schools,  and  may  for  cause  be  revoked 


82  KENTUCKY  SCHOOL  LAWS  1916. 

by  any  County  Superintendent,  subject  to  the  approval  of  the  State 
Board  of  Education,  as  far  as  it  'applies  to  his  county,  of  which  im- 
mediate information  shall  be  given  to  the  Superintendent  of  Public 
Instruction.  Said  diploma  shall  be  impressed  with  the  seal  of  the 
State  Board  of  Examiners,  and  the  fee  of  the  applicant  shall  be  five 
dollars,  which  shall  be  paid  to  the  two  members,  who,  with  the 
Superintendent  of  Public  Instruction,  compose  the  State  Board  of 
Examiners.  (See  Sec.  185  notes.) 

§  179.  (§  4502a  Ky.  St.)  State  Board  of  Education— High 
School  Certificates  Granted  by. — That  the  State  Board  of  Education 
of  Kentucky  shall  have  power  to  determine  the  qualifications  of  and 
issue  certificates  to  te'achers  to  teach  in  the  public  high  schools  of 
Kentucky,  through  the  State  Board  of  Examiners,  on  such  examina- 
tions as  may  be  held  under  such  rules  and  regulations  as  the  State 
Board  of  Education  may  prescribe  for  said  State  Board  of  Exami- 
ners, and  that  the  State  Superintendent  of  Public  Instruction  may 
validate  for  extension  during  a  term  of  years  the  certificate  of  any 
person  holding  such  a  high  school  certificate  as  prescribed  by  sec- 
tions 180,  181,  182,  183  and  184  of  this  act.  (See  Sees.  7,  177,  185 
notes.) 

§  180.  (§  4502a.-l  Ky.  St.)  Certificate  Valid  During  Good  Be- 
havior— State  Superintendent  May  Revoke. — (1)  The  validation  and 
extension  of  the  said  certificate  may  be  made  during  good  behavior 
of  the  holder  on  condition  that  after  the  proper  investigation  the 
State  Board  of  Education,  may  in  their  judgment  find  that  the  holder 
of  said  certificate  has  attended  professional  schools  and  improved 
himself  in  the  arts  and  methods  of  te'aching  to  the  satisfaction  of 
said  State  Board. 

(2)  The  State  Superintendent  shall  have  power  to  revoke  at  any 
time,  for  cause,  any  such  certificate. 

§  181.  (§  4502a-2  Ky.  St.)  Higher  Institutions  in  State  or  Out 
to  be  Recognized — Standard  of  Works. — The  State  Board  of  Educa- 
tion may,  on  the  application  of  an  institution  of  higher  learning, 
whether  within  or  without  the  State,  that  is  not  conducted  for  pri- 
vate gain,  inspect  such  educational  institutions,  investigate  their 
work,  standards  and  courses  of  study,  and  in  its  own  discretion, 
grant  certificates  to  the  students  of  such  institutions,  giving  them  the 
right  to  teach  in  the  high  schools  of  Kentucky.  Such  certificates 
shall  be  issued  upon  evidence  furnished  by  the  applicant  for  the 
work  and  attainments  accomplished  in  said  institutions  by  the  appli- 
cant. No  such  certificates  shall  be  given  for  any  work  done  in  such 
institutions  of  a  lower  amount  or  standard  than  that  required  for 
similar  certificates  issued  by  the  State  Board  of  Ex'aminers,  or 
granted  to  the  students  of  the  State  University  of  Kentucky  and  the 
State  Normal  Schools  of  Kentucky. 

§  182.  (§  4502a-3  Ky.  St.)  Teachers'  Certificates  in  Other 
States  Recognized. — The  State  Board  of  Education  shall  have  the 


TEACHERS— EXAMINATION.  83 

power  to  recognize  and  validate  teachers'  certificates  of  other  states 
which  shall  not  be  of  a  lower  standard  than  the  State  certificate  of 
Kentucky,  and  they  shall  have  power  to  approve  or  disapprove  such 
certificate  of  qualification  as  may  be  recognized  by  County  Super- 
intendents and  County  Bo'ards  of  Education  in  this  State.  (See 
Sees.  177,  187.) 

§  183.  (§  4502a-4  Ky.  St.)  First  Class  County  Certificates  May 
be  Validated  in  Other  Counties.— (1)  The  State  Board  of  Education 
shall  have  the  power  to  approve  the  validation  by  the  County  Super- 
intendent and  County  Board  of  Education  of  any  county  of  any  cer- 
tific'ate  issued1  in  any  other  county  of  a  grade  not  lower  than  first 
class. 

(2)  Any  teacher  holding  such  a  certificate  in  one  county  of  this 
Commonwealth  shall  have  the  right  to  teach  in  any  other  county 
of  the  Commonwealth  on  such  certificate  when  such  certificate  has 
been  validated  in  said  county  by  the  County  Superintendent  and 
County  Board  of  Education,  subject  to  the  approval  of  the  State 
Board  of  Education. 

OPINION    OF    THE    ATTORNEY    GENERAL. 

In  cases  of  emergency,  the  County  Board  of  Examiners 
can  validate  the  certificate  for  a  limited  time;  but  unless  an 
emergency  exists,  the  validation  is  made  by  the  County 
Board  of  Education,  subject  to  the  approval  of  the  State 
Board.  The  right  of  the  County  Board  of  Examiners  to 
validate  a  certificate  depends  upon  the  existence  of  an 
emergency  and  their  validation  is  limited  to  one  year. 

A  county  certificate  granted  by  the  Board  of  Examiners 
in  one  county  cannot  be  validated  in  another  county,  except 
in  cases  of  emergency. 

§  184.  (§  4502a-5  Ky.  St.)  Teachers  of  Twenty  Years'  Exper- 
ience.— The  State  Board  of  Education,  in  their  discretion,  shall  have 
the  power  to  extend  for  life,  teachers'  certificates  of  such  teachers 
who  have  had  as  many  as  twenty  years  of  successful  experience 
teaching  in  the  common  schools  of  this  State,  provided  that  no  such 
certificate  shall  be  of  a  lower  class  than  the  first  class. 

§  185.  (§  4502  Ky.  St.)  State  Board  of  Examiners — Certificates 
by — Examinations — State  Certificates. —  (1)  A  State  teacher's  certifi- 
cate may  be  granted  by  the  State  Board  of  Examiners  upon  the 
recommendation  of  the  county  board  of  examiners,  after  a  written 
examination  held  in  the  county  of  the  applicant's  residence,  or  on  a 
personal  examination  before  the  State  Board  of  Examiners  at  the 
State  Capitol,  said  applicant  attaining  an  average  grade  of  at  least 
ninety  per  centum,  the  lowest  grade  upon  any  subject  being  not  less 
than  seventy  per  centum,  upon  the  subjects  embraced  in  the  com- 
mon school  course  of  study,  and  also  upon  English  literature,  elemen- 
tary algebra,  high  arithmetic  and  the  science  and  art  of  teaching. 
In  order  to  be  entitled  to  a  State  certificate,  the  applicant  in  addi- 
tion to  passing  the  required  examination,  shall  be  at  least  twenty- 
one  years  old, 'and  shall  have  had  two  years'  experience  in  teaching. 


84  KENTUCKY   SCHOOL  LAWS  1916. 

Examinations  for  State  teachers'  certificates  shall  be  held  in  all 
counties  of  the  State  on  the  third  Friday  and  Saturday  of  June  and 
September  each  year,  and  the  questions  for  the  examinations  shall 
be  forwarded  by  the  State  Board  of  Examiners  with  the  questions 
for  the  June  and  September  county  examinations,  at  the  same  time 
and  in  the  same  package,  be  preserved  and  opened  at  the  same 
time  as  the  questions  for  county  certificates.  The  applicants  for 
State  certificates  shall  be  examined  on  the  same  days  upon  which 
the  applicants  for  county  certificates  are  examined  in  June  and  Sep- 
tember and  immediately  upon  the  close  of  the  examination  for  State 
certificates,  the  County  Superintendent  sh'all  collect  the  papers  of 
each  applicant  for  State  certificate,  preserve  them  from  all  inspec- 
tion and  immediately  forward  them  to  the  State  Board  of  Examiners, 
•with  the  recommendation  that  the  certificate  should  or  should  not 
be  granted.  No  applicant  shall  be  examined  for  a  State  certificate 
unless  the  said  applicant  is  known  to  the  County  Superintendent  to 
possess  an  unexceptionable  moral  character  and  to  possess  the  age 
and  experience  herein  required. 

(2)  The  County  'Superintendent  shall  enclose  with  the  answers 
a  written  statement,  signed  and  sworn  to  by  at  least  two  members 
of  the   county  board  of  examiners,  that  the  examination  had  been 
held  in  strict  accordance  with  the  law  and  that  the  applicant  had 
not  either  directly  or  indirectly  received  any  assistance,  and  that 
the  moral  character  of  the  applicant  was  unexceptionable.     If  the 
answers    were    deemed    sufficient,   and   the    recommendation    of   the 
County  Board  of  Examiners  is  favorable,  the  State  Board  of  Exam- 
iners m'ay  issue  a  certificate,  and  shall  entitle  the  holder  to  teach 
in  any  school  of  the  State  for  a  period  of  eight  years,   unless  re- 
voked by  the  Superintendent  of  Public  Instruction  unless  the  holder 
shall  fail  for  two  successive  years  to  be  engaged  in  active  school 
work. 

(3)  At  the  expiration  of  the  time  for  which  it  was  granted,  if 
it  shall  not  have  been  revoked  by  the  Superintendent  of  Public  In- 
struction and  if  the  holder  shall  not  have  failed  for  two  successive 
years  to  be  engaged  in  active  school  work,  a  State  certificate  may 
be  renewed  for  another  eight  years  by  the  State  Board  of  Examiners, 
without  additional  fee,  provided  the  county  board  of  examiners  for 
the  county  where  the  holder  at  the  time  resides  recommends  the  re- 
newal of  said  certificate,  stating  that  the  applicant  is  of  good  moral 
character  and  that  said  applicant  has  not  failed  for  two  successive 
years  to  be  engaged  in  active  school  work.     In  no   case  shall  any 
State  certificate  be  valid  for  a  period  longer  than  sixteen  years. 

(4)  Any  County  Superintendent  may,  for  cause,  revoke  a  State 
certificate  as  far  as   it  applies   to   his   county,   of  which   immediate 
information  shall  be  given  to  the  Superintendent  of  Public  Instruc- 
tion and  be  subject  to  his  approval. 


TEACHERS— CERTIFICATES.  85 

(5)  A  State  certificate  shall  be  impressed  with  the  seal  of  the 
State  Board  of  Examiners  and  the  fee  charged  the  applicant  shall 
be  four  dollars,  besides  the  registration  fee  for  forwarding  the  an- 
swers, of  which  one  dollar  shall  be  paid  to  the  county  board  of 
examiners.  The  proceeds  of  the  fees  for  examination  for  State 
certificates  shall  be  divided  between  the  two  professional  members 
of  the  State  Board  of  Examiners,  in  proportion  to  the  services  ren- 
dered by  them.  (See  Sec.  65  notes.) 

DECISION    OF    THE    COURT   OF    APPEALS. 

A  letter  written  by  a  County  Superintendent  to  Super- 
intendent of  Public  Instruction  is  not  an  "Absolutely  privi- 
leged communication."— Tanner  v.  Stevenson,  138  Ky.,  678. 

§  186.  (§  4502  Ky.  St.)  County  Certificates.— (1)  County  cer- 
tificates shall  be  first  class  and  second  class,  and  shall  be  valid  for 
four  years  and  two  years  respectively. 

(2)  No   county   certificate    shall   be   valid    in   any   county   other 
than  the  one  in  which  it  is  issued,  except  that  in  cases  of  emerg- 
ency a  first  class  certificate  issued  in  one  county  may  be  validated 
in  another  county  by  the  county  board  of  examiners  for  a  period  of 
one  year. 

(3)  No  certificate  of  the  second  class  shall  entitle   the  holder 
to   teach   in  any  school   or   district   reporting   seventy-five   or   more 
pupil  children. 

(4)  A  county  certificate  of  the  first  class  shall  require  an  (aver- 
age grade  of  eighty-five  per   centum  upon  all   the   subjects   in  the 
common  school   course   and  upon  the   science  and  art  of  teaching, 
and  the  lowest  grade  on  any  subject  shall  not  be  less  than  sixty- 
five  per  centum. 

(5)  A   county   certificate   of   the   second    class   shall   require   an 
Average  grade  of  seventy-five  per  centum  and  the  lowest  grade  on 
any  subject  shall  be  not  less  than  sixty  per  centum. 

(6)  If  at  any  time  the  holder  of  a  county  certificate  shall  be  found 
incompetent,    inefficient,    immoral    or   otherwise    unworthy    to    be    a 
teacher,  the   County   Superintendent   shall  revoke   the   certificate   of 
such  person;    and  no  teacher  whose    certificate    has   been  revoked 
shall  be  entitled  to  receive  payment  for  services  only  up  to  the  time 
of  revocation. 

(7)  No  person  shall  be  entitled  to  receive  a  county  certificate 
of  either  class  who  was  not  eighteen  years  of  age  prior  to  the  date 
of  the  examination. 

(8)  Nothing  in  this  act  shall  be  construed  to  require  any  teacher 
now  holding  a  State  diploma,  State  teacher's   certificate   or  county 
certificate  to  be  re-examined  until  the  expiration  of  said  certificate. 

(9)  A  person  having  taught  for  eight  consecutive  years  in  the 
same  county  under  first  class  certificates  may  have  the  last  one  re- 
newed for  a  period  of  four  years  by  the  County  Superintendent,  who 


86  KENTUCKY  SCHOOL  LAWS  1916. 

shall  write  upon  it  "renewed,"  signed  officially  and  give  the  date  of 
such  renewal.  When  a  certificate  has  been  renewed  one  time  the 
teacher  shall  again  receive  two  first  class  certificates  as  stated 
above  before  it  can  be  renewed  a  second  time.  (See  Sees.  74  and 
183  notes.) 

DECISION  OP  THE  COURT  OP  APPEALS. 

A  holder  of  a  third  class  certificate  not  entitled  to  teach 
as  an  assistant  in  district  reporting  fifty-five  or  more  pupil 
children.— Flanary,  etc.  v.  Barrett,  146  Ky.,  712. 

Unquestionably  under  our  statutes  the  county  board  of 
examiners  have  discretion  powers  in  granting  or  withholding 
teachers'  certificates  upon  the  question  of  moral  fitness  of 
the  applicant,  and  unless  they  act  arbitrarily  and  in  abuse 
of  their  discretion  mandamus  will  not  lie.— Crawford  v.  Lewis, 
etc.,  170  Ky.  589. 

OPINION    OF    THE    ATTORNEY    GENERA!.. 

If  a  teacher  has  taught  in  the  same  county  for  eight 
consecutive  years,  under  first  class  certificates,  he  may  have 
the  last  of  such  certificates  renewed  each  year  for  four  years, 
but  no  longer  than  that. 

§  187.  (§  4502  Ky.  St.)  State  Board  to  Validate  Foreign  Certifi- 
cates.— The  State  Board  of  Education  of  Kentucky  is  hereby  author- 
ized to  inspect  and  validate  for  Kentucky  State  diplomas  and  State 
certificates  of  other  states  on  the  reciprocity  plan.  (See  Sees.  177, 
182.) 

§  188.  (§  4504  Ky.  St.)  Record  to  be  Kept  by  Teachers— Facts 
to  be  Recorded  in. — (1)  It  shall  be  the  duty  of  each  teacher  of  a 
common  school  to  keep  such  register  of  the  school  as  the  State 
Superintendent  may  require  of  and  furnish  to  him  as  needed,  through 
the  County  Superintendent.  The  teacher's  register  shall  be  the  prop- 
erty of  the  subdistrict;  shall  be  systematically  graded  for  at  least 
four  years'  work;  shall  be  well  preserved,  without  mutilation  or  use- 
less marking;  shall  be  in  the  care  of  the  teacher  during  the  school 
term,  and  at  the  close  thereof,  sh'all  be  delivered  to  the  subdistrict 
trustee,  who  shall  be  responsible  for  it,  and  deliver  it  to  the  teacher 
at  the  opening  of  the  next  school  term,  and  it  shall  be  open  at  all 
times  to  the  inspection  of  the  trustees  and  the  County  Superintend^ 
ent.  The  section  allotted  to  each  year  shall  be  divided  into  two 
parts,  designated  as  monthly  summary  and  term  summary.  The 
monthly  summary  shall  show  the  day  of  the  week  and  day  of  the 
month  upon  which  the  term  began;  the  day  of  the  week  and  of  the 
month  of  each  day  taught;  the  number  of  pupils  enrolled;  the  num- 
ber in  attendance  each  day;  the  n'ame,  sex  and  weekly  standing  of 
each  pupil  in  each  subject,  and  such  other  facts  as  the  Superin- 
tendent of  Public  Instruction  may  desire. 

(2)  On  the  last  day  of  each  month  taught,  the  teachers  shall 
sum  up  and  place  at  the  end  of  the  record  for  the  month  the  facts 
herein  required  to  be  kept,  with  the  d'ay  of  the  week  and  month  on 


TEACHERS  RECORD  TO  BE  KEPT.  87 

which  the  school  month  closed;  the  highest  and  lowest  number  of 
pupil  children  in  attendance  and  the  average  percentage  of  the  at- 
tendance of  the  whole  number  of  children  in  the  district. 

(3)  The  term  summary  shall  show  the  monthly  statement  made 
at  the  end  of  each  month,  the  percentage  of  the  enrollment  of  the 
whole  number  of  pupil  children  in  the  district,  the  highest,  lowest 
and  average  number  of  children  in  attendance,  the  average  per  cent- 
age  of  the  children  in  attendance,  the  number  of  pupils  in  each  class, 
the  name  of  the  text-book  used  in  each  class,  the  point  reached  by 
each  pupil  in  each  book  at  the  close  of  the  term,  the  names  of  all 
the  pupils  that  should  be  adv'anced,  the  class  of  the  teachers'  certifi- 
cate, his  average  monthly  salary,  and  such  other  facts  as  may  be 
required  in  the  register.  (See  Sec.  189,  34,  112.) 

§  189.  (§  4505  Ky.  St.)  Reports  by  Teachers— Blanks  Furnished 
— Duty  of  Chairman,  Subdistrict  Trustee  and  Teacher — Penalty. — 
(1)  The  Superintendent  of  Public  Instruction  shall  provide  for  each 
teacher  a  blank  monthly  report  for  each  month  to  be  taught,  and1 
also  a  blank  term  report.  At  the  end  of  each  month  taught  the 
teacher  shall  fill  the  monthly  report  of  that  month  from  the  facts 
summed  up  in  the  monthly  summary  of  the  register,  and  shall  pre- 
sent the  monthly  report  to  the  subdistrict  trustee,  who  shall  care- 
fully examine  it,  and  if  found  correct  he  shall  fill  out  and  sign  a 
certificate  "attached  to  the  monthly  report,  certifying  that  the  month 
has  been  legally  taught;  and  upon  the  chairman  of  the  division 
board's  certificate  the  teacher  shall  draw  his  salary  from  the  County 
Superintendent  for  the  month  so  certified,  after  the  monthly  report 
has  been  duly  delivered  to  the  County  Superintendent. 

(2)  Within  ten   days  after  the   close   of  the   last  month   of  the 
term,   the  teacher  shall  make   out  the  term  report  from  the  term 
summary  in  the  register;    shall   present  the   term   report,   the   last 
monthly  report  and  the  teachers'  register  to  the  subdistrict  trustee, 
who  shall  carefully  inspect  them  and  approve  the  reports,  if  correct. 
Said  term  report  shall  then  be  presented  to  the   chairman  of  the 
division  board;   and,  if  found  correct,  he  shall  sign  a  certificate  at- 
tached to   said  term  report,  which   shall  then  be   delivered   to   the 
County   Superintendent. 

(3)  Nothing  herein  shall  be   construed  to  prevent  a   subdistrict 
trustee  or  a  chairman  of  the  division  board  from  certifying  to,  or 
a  County  Superintendent  from  paying  for,  a  fraction  of  a  month  in 
any  case  in  which  the  teacher,  from    sickness     or  other  disability, 
shall  be  unable  to  continue  the  school. 

(4)  Any  teacher  who  shall  make  a  false  monthly  or  term  report, 
or  any  subdistrict  trustee  or  chairman  of  a  division  board  who  shall 
give  a  certificate  of  a  month  or  months  taught  before  he  has  care- 
fully examined  and   approved    the    report    of  each    month,   or  any 
County  Superintendent  who  shall  make  a  payment  upon  a  teacher's 
salary,  except  upon  the  certificate  of  the  subdistrict  trustee  and  chair- 


88  KENTUCKY  SCHOOL  LAWS  1916. 

man  of  the  division  board  shall  be  guilty  of  a  misdemeanor,  and,  on 
conviction,  be  fined  fifty  dollars  for  each  offense.     (See  Sec.  95.) 

§  190.  (§  4506  Ky.  St.)  Teachers— Duties— Removal  by  Super- 
intendent— Power  Over  Pupils — Appeal. — (1)  The  teacher  shall  faith- 
fully enforce  in  school  the  course  of  study,  the  use  of  the  text-books 
adopted  in  the  county,  and  the  regulations  prescribed  in  pursuance 
of  law;  and  if  any  teacher  shall  willfully  refuse  or  neglect  to  comply 
with  such  regulations,  the  division  board  may  remove  him,  at  any 
time,  subject  to  the  approval  of  the  County  Superintendent;  and  in 
case  of  such  dismissal  or  removal,  the  said  teacher  shall  receive  pay- 
ment only  for  the  time  taught. 

(2)  The  teacher  is  authorized  and  directed  to  hold  each  pupil 
to  a  strict  accountability  for  any  disorderly  conduct  on   the   play- 
ground, or  during  any  intermission  or  recess,  or  on  the  road  to  and 
from  school;    and  for  good   c'ause  he  may  suspend   any  pupil;    but 
such  suspension  shall  be  immediately  reported,   in   writing,   to  the 
subdistrict    trustee.      In    cases     of    suspension,     the    action    of    the 
teacher  shall  be  final  unless  reversed  by  the  trustee.    Either  party 
may  appeal  from  the  decision  of  the  subdistrict  trustee  to  the  County 
Superintendent,  whose  decision  shall  be  final. 

(3)  But  no  teacher  shall  be  required  or  under  any  obligation  to 
teach  any  other  th'an  the  common  branches  prescribed  by  the  State 
Board   of  Education  in  the   common  schools,   unless  it  shall  be   so 
specified  in  a  written  contract  with  the  division  board.     (See   Sees. 
5,  151,  119;  notes  to  Sec.  55.) 

DECISION    OF   THE    COURT    OF    APPEALS. 

For  unlawful  dismissal  a  teacher  may  maintain  an  action 
for  damages  against  the  County  Board  of  Education,  but  the 
extent  of  the  liability  is  the  amount  of  salary  due  under  the 
contract  and  where  on  an  appeal  to  the  Court  of  Appeals  the 
amount  due  is  only  1132.50  the  appeal  will  be  dismissed. 

Educational  division  of  a  district  not  being  incorporated, 
can  not  be  sued,  but  the  trustees  of  such  division  may  be 
sued. 

The  County  Board  of  Education  and  the  trustee  of  a 
school  may  not  be  joined  as  parties  defendant.— Mock  v. 
County  Board,  etc.,  145  Ky.,  715. 

Under  this  section  a  teacher  is  not  required  to  teach 
higher  branches  without  a  special  contract  and  receives  tui- 
tion from  the  pupils  studying  same.— Mayor  v.  Cayse,  etc., 
98  Ky.,  357. 


TEACHERS'  INSTITUTE.  89 

CHAPTER  XIII. 

TEACHERS'   INSTITUTE. 

§  191.  (§  4507  Ky.  St.)  Organization  and  Holding  of— Penalty 
for  Failure  to  Hold.— (1)  It  shall  be  the  duty  of  each  County  Super- 
intendent to  organize,  and  cause  to  be  held  annually,  a  teachers'  in- 
stitute for  the  normal  instruction,  improvement  and  better  qualifica- 
tion of  the  teachers  in  his  county. 

(2)  The  institute  shall  occupy  not  more  than  six  days,  and  shall 
be  held  between  the  first  day  of  July  and  the  first  day  of  November. 

(3)  The  Superintendent  of  Public  Instruction  and  the  two  pro- 
fessional members  of  the  State  Board  of  Examiners  shall  constitute 
a  committee  on  program  to  prepare  and  place  in  the  hands  of  each 
County  Superintendent,  not  later  than  June  first  of  each  year,  a  pro- 
gram of  the  work  of  the  institute,  and  a  syllabus  of  each  subject  of 
instruction.    The  program  and  syllabus  shall  be  furnished  each  mem- 
ber of  the  institute,  and  shall  be  faithfully  and   efficiently  carried 
out. 

(4)  Any  County  Superintendent,  who  shall  willfully  fail  or  neg- 
lect to  hold  the  annual  institute  as  prescribed  in  this  article,  shall 
be  fined  fifty  dollars.     (Colored — See  Sec.   208.) 

§  192.  (§  4508  Ky.  St.)  Instructors  May  be  Employed.— Each 
County  Superintendent  of  the  State  may  employ  one  or  more  able 
and  experienced  institute  instructors  to  direct  each  institute  held 
by  him,  and  to  instruct  the  teachers  thereof. 

§  193.  (§  4509  Ky.  St.)  State  Convention  of  Institute  Workers 
May  be  Called.— (1)  Beginning  in  1894,  the  Superintendent  of  Public 
Instruction  may,  annually,  call  all  of  the  professional  institute  work- 
ers of  the  State  into  institute  convention  at  the  State  Capitol,  dur- 
ing the  month  of  May,  for  the  purpose  of  better  organization  and 
more  effective  management  of  institute  work. 

(2)  At  the  said  institute  convention,  the  whole  subject  of  in- 
stitute work  shall  be  thoroughly  discussed  and  the  best  plans  for 
prosecuting  it  throughout  the  State  shall  be  adopted  and  used  in  all 
counties.  The  said  institute  convention  may  suggest  to  the  com- 
mittee on  programs;  principles,  subjects  "and  methods  for  incorpora- 
tion in  the  program  syllabus. 

§  194.  (§  4510  Ky.  St.)  Teachers  to  Attend—Penalty  for  Non- 
Attendance — Excuse — Duty  of  Superintendent. —  (1)  Every  teacher 
of  a  common  school,  including  teachers  of  the  graded  common 
schools  in  cities  of  the  fifth  and  sixth  classes,  who  hold  a  State 
diploma,  State  certificate  or  county  certificate,  or  who  contemplate 
applying  for  la  certificate  of  qualification  to  teach  in  the  common 


90  KENTUCKY   SCHOOL  LAWS   1916. 

schools,  shall  attend  the  full  session  of  the  institute  in  his  home 
county,  unless  he  is  teaching  in  another  county  in  which  the  institute 
is  yet  to  be  held,  or  has  attended  the  institute  of  a  county  in  which 
he  has  a  contract  to  teach. 

(2)  If  teaching  in  a  county  other  than  his  home  county,  whose 
institute  is  yet  to  be  held,  he  must  attend  the  full  session  of  the 
latter. 

(3)  The    County   Superintendent   shall   revoke   the    certificate   of 
any  te'acher  who  shall  fail  or  neglect  to  attend  the  full  session  of 
the  institute,  unless  the  superintendent  shall  be  fully  satisfied  that 
such  failure  has  been  caused  by  actual  sickness  or  other  disability. 

(4)  After  the  county  institute  has  been  held,  it  shall  be  unlaw- 
ful to   grant  any   person   a   certificate   to   teach   at  any  time  during 
th'at  school  year,  unless  the  said  person  shall  have  attended  the  full 
session   of  the  institute  of  that  or  some   other   county   during   that 
school  year,  or  unless  the  County  Superintendent  shall  be  fully  satis- 
fied that  the  failure  to  attend  the  institute  has  been  caused  by  sick^ 
ness  or  other  disability. 

(5)  During  the  institute,  there  shall  be  a  suspension  of  all  the 
schools  that  are  in  session,  but  no  reduction  of  the  teacher's  salary 
shall  be  made  on  account  of  such  suspension. 

(6)  The  time  of  actual  attendance  upon  the  institute  in  days  and 
parts  of  days  shall  be  accredited  to  the  teacher,  if  institute  be  held 
during  the  session  of  his  school. 

(7)  At  the  close  of  the  institute,  the  County  Superintendent  shall 
give  to  each  teacher  or  other  person  in  attendance  a  certificate  of 
the  number  of  days  and  parts   of  days   that  the  teacher   or  other 
person  has  attended,  which  certificate   of  attendance   shall  be   filed 
by  the  teacher  with  the  chairman  of  the  division  board  of  education 
of  the  district,  who  shall  make  report  thereof  to  the  County  Super- 
intendent at  the  time  of  reporting  the  school. 

OPINION    OF    THE    ATTORNEY    GENERAL. 

School  is  in  session  within  the  meaning-  of  this  section 
when  the  teacher  is  obligated  by  the  terms  of  the  contract 
to  beg-in  school.  And  if  the  school  is  to  beg-in  on  the  same 
day  the  institute  is  to  begin  the  teacher  is  entitled  to  count 
the  time  that  she  was  in  actual  attendance  upon  the  insti- 
tute. 

§  195.  (§  4511  Ky.  St.)  Joint  Institutes— Instructors— To  be 
Engaged. — Any  adjoining  counties,  not  exceeding  four  in  number, 
may  combine  and  hold  a  joint  institute;  Provided,  the  County  Super- 
intendents of  all  the  counties  concerned  shall  agree  upon  the  plans 
necessary  to  the  purpose;  that  each  of  them  shall  attend  the  full 
session  of  said  joint  institute,  and  keep  the  record  provided  in  Sec- 
tion one  hundred  and  ninety-six  of  this  act,  and  that  at  least  two 
able  and  experienced  instructors  are  employed,  if  more  than  two 
counties  are  combined. 


TEACHERS'   INSTITUTE.  91 

§  196.  (§  4512  Ky.  St.)  Superintendent  to  Attend— Publication 
of  Proceedings — Fee  Paid  by  Teachers.— (1)  The  County  Superintend- 
ent shall  be  present  during  the  entire  session  of  the  institute;  shall 
have  the  roll  called  every  morning  and  afternoon;  shall  keep  a  strict 
daily  register  of  the  presence,  absence  and  tardiness  of  the  teachers 
and  other  members,  and  of  the  exercises  of  the  institute,  and  after 
the  close  thereof,  shall  have  the  proceedings  printed  in  one  or  more 
newsp'apers. 

(2)  He  may  collect  two  dollars,  but  in  no  case  shall  he  collect 
less  than  one  dollar,  from  each  teacher  or  other  person  in  attend- 
ance  on   the   institute,   except   honorary    members,    and    twenty-five 
cents  of  the  sum  so  collected  from  each  person  shall  be  paid   into 
the  county  library  fund.     From  the  fees  collected  from  the  teachers 
and   other  persons   in   attendance   the    County   Superintendent   shall 
pay  all  the  necessary  expenses  of  the  institute. 

(3)  The  proceedings  shall  be  published  in  such  local  papers  as 
will  do  this  without  charge,  and  one  copy  shall  be  forwarded  to  the 
office  of  the  Superintendent  of  Public  Instruction. 

(4)  Any  residue,  after  the  payment  of  institute  expenses,  shall 
also  be  paid  the  county  library  fund. 

(5)  In  case  of  a  joint  institute,  any  surplus  fund  shall  be  pro- 
rated among  the  counties  concerned. 

§  197.  (§  4513  Ky.  St.)  Notice  of  Time  and  Place  of  Meeting. 
—  (1)  In  selecting  the  proper  place  for  holding  the  teachers'  insti- 
tute, the  County  Superintendent  shall  decide  with  reference  to  the 
convenience  and  accommodation  of  the  place,  and  shall  endeavor  to 
make  such  arrangements  as  he  best  can  for  economizing  and  reduc- 
ing the  expenses  of  te'achers  while  in  attendance. 

(2)  He  shall,  twenty  days  before  the  institute  begins,  notify 
by  mail,  the  trustees  of  his  county  of  the  time  and  place  of  holding 
it;  and  it  shall  be  the  duty  of  each  trustee  to  notify  promptly  every 
teacher  in  his  school  subdistrict.  The  County  Superintendent  shall 
likewise  direct  the  trustee  of  each  subdistrict  to  post  notices  thereof. 

§  198.  (§  4514  Ky.  St.)  Normal  Instructors  May  be  Employed— 
How  Paid. — The  Superintendent  of  Public  Instruction  may,  when  re- 
quested by  a  County  Superintendent,  recommend  able  and  experienced 
normal  instructors  to  conduct  the  teachers'  institute,  whose  pay  shall 
be  derived  from  and  paid  by  the  County  Superintendent  out  of  the 
funds  raised  from  the  teachers  and  other  members  of  the  institute. 

§  199.  (§  4515  Ky.  St.)  Subject  of  Instruction. — At  each  session 
of  the  institute,  every  subject  embraced  in  the  common  school  course 
shall  be  brought  before  the  institute,  illustrated  and  discussed,  and 
every  feature  of  school  organization  and  school  management,  together 
with  the  whole  work  of  the  teacher,  shall  be  considered,  and  the  com- 
mon school  laws  of  the  State  read  and  expounded. 


92  KENTUCKY  SCHOOL  LAWS  1916. 

§  200.  (§  4516  Ky.  St.)  County  Teachers'  Associations— Organi- 
zation and  Meetings. —  (1)  During  the  session  of  the  institute  there 
shall  be  held  a  County  Teachers'  Association  and  one  hour  in  the 
afternoon  or  night  meetings  shall  be  daily  set  apart  for  this  purpose. 
The  association  may  be  composed  of  all  the  officers  and  teachers  of 
common  schools  present,  and  shall  be  called  together  by  the  County 
Superintendent,  who  shall  be  ex-officio  president.  The  object  of  such 
association  shall  be,  primarily,  to  discuss  and  devise  the  best  ways 
and  means  of  promoting  the  interest  of  education,  the  improvement 
of  teachers,  and  the  methods  of  teaching,  and  especially  to  devise 
means  for  securing  better  school  houses,  better  attendance,  and  local 
aid  for  common  schools.  The  said  association  shall  be  a  permanent 
organization,  with  one  vice  president  for  each  magisterial  district 
to  be  elected  or  appointed;  and  shall  hold  at  least  one  meeting  in 
each  magisterial  district,  besides  the  meeting  at  the  institute,  during 
the  first  six  months  of  each  school  year. 

(2)  Every  teacher  shall  attend  at  least  the  meeting  held  in  the 
magisterial  district  in  which  he  shall  teach,  and  upon  failure  to  do  so, 
shall  teach  an  additional  day  during  the  school  month  following  such 
failure,  unless  he  shall  satisfy  the  County  Superintendent  that  such 
failure  was  caused  by  sickness  or  other  actual  inability. 

(3)  The  County  Superintendent  shall  attend  each  meeting  of  the 
association   and   shall  prepare  or  have   prepared  a  program  of  the 
exercises  therefor. 

§  201.  (§  4517  Ky.  St.)  Report  of  County  Superintendent. — The 
County  Superintendent  shall,  at  the  time  of  making  his  annual  report 
to  the  superintendent,  also  report  the  time  and  place  of  holding  the 
teachers'  institute,  the  name  of  the  person  or  persons  conducting  the 
same,  the  number  of  persons  registered  as  in  attendance,  the  sum  col- 
lected by  a  fee  from  each  person  in  attendance,  the  number  of  teachers 
of  common  schools  in  the  county  who  did  not  attend  the  institute  and 
teachers'  association;  and  such  other  facts  as  he  may  deem  of  value 
and  interest.  (See  Sec.  58.) 


COUNTY  DISTRICT  LIBRARIES.  93 

CHAPTER  XIV. 

COUNTY  AND  DISTRICT  LIBRARIES. 

§"202.  (§  4518  Ky.  St.)  County  Library— Where  and  by  Whom 
Kept — Funds  for. — There  shall  be  a  county  teachers'  library  in  each 
county  of  the  Commonwealth,  to  be  kept  under  the  care  and  in  the 
office  of  the  County  Superintendent,  for  the  exclusive  use  and  benefit 
of  the  teachers  of  the  county.  The  sums  collected  for  the  purpose  at 
each  annual  institute,  and  all  sums  added  thereto  by  donation,  shall 
constitute  the  county  library  fund,  which  shall  be  kept  and  accounted 
for  by  the  County  Superintendent. 

§  203.  (§  4519  Ky.  St.)  Library  Committee — Who  Constitute. — 
The  County  Superintendent,  as  chairman,  and  two  persons  annually 
elected  by  the  county  institute,  shall  constitute  a  library  committee, 
for  the  selection  and  purchase  of  books,  periodicals  and  furniture,  and 
for  the  adoption  of  rules  for  the  management  of  the  library  under  the 
regulations  of  the  State  Board  of  Education.  The  Superintendent 
of  Public  Instruction  shall  supply  each  of  these  libraries  with  a  bound 
copy  of  each  edition  of  the  school  law,  of  his  biennial  reports,  and 
other  publications  of  his  department.  The  library  committee  shall 
keep  a  permanent  record  of  its  acts  and  accounts  open  at  all  times 
for  the  inspection  of  the  teachers;  and,  through  its  chairman,  shall 
annually  report  to  the  county  institute  an  itemized  statement  of  all 
sums  received  and  expended;  the  number,  names  and  cost  of  books; 
and  other  articles  purchased;  all  donations  of  books  and  periodicals, 
with  the  names  of  the  donors;  the  number  of  books  belonging  to  the 
library;  the  number  in  the  library;  the  number  of  loan,  and  such  other 
facts  as  may  be  required;  and,  in  his  annual  report  to  the  Superin- 
tendent of  Public  Instruction,  the  County  Superintendent  shall  state 
the  sums  received,  the  sums  expended,  the  number  of  volumes  in  the 
library,  and  the  increase  during  the  year. 

§  204.  (§  4520  Ky.  St.)  District  Library— Organization  and  Man- 
agement.— When  by  contribution,  purchase  or  otherwise,  forty  vol- 
umes can  be  collected  for  such  purpose,  the  subdistrict  trustee  may 
organize  a  district  library  in  connection  with  the  school  of  the  sub- 
district,  which  shall  be  for  the  use  of  the  subdistrict  in  which  the 
same  is  located.  They  may  make  such  suitable  arrangements  for 
keeping  the  books  and  periodicals  of  the  said  library  as  may  be  neces- 
sary, and  may  appoint  a  suitable  person  to  take  charge  of  the  same, 
and  to  manage  it  according  to  such  rules  as  they  may  prescribe, 
subject  to  the  regulations  prescribed  by  the  County  Superintendent. 

§  205.  (§  4521  Ky.  St.)  Trustees  to  Control— Books  That  Shall 
Not  -be  Kept — Regulations. — The  trustees  shall  have  the  same  control 


94  KENTUCKY  SCHOOL  LAWS  1916. 

over  the  library  as  over  the  other  school  property,  may  receive  dona- 
tions of  books,  maps,  charts  and  other  works  of  interest.  But  no 
books  of  a  sectarian,  infidel  or  immoral  character  shall  be  placed 
in  the  library;  and  any  such  books  found  therein  shall  be  removed 
by  order  of  the  trustees  or  of  the  County  Superintendent.  The  library 
shall  be  free  to  all  pupils  of  suitable  age  belonging  to  the  schools 
of  the  subdistrict,  but  any  resident  of  the  subdistrict  may  become 
entitled  to  the  privileges  upon  the  payment  of  such  sum  of  money 
for  membership  as  the  trustees  may  prescribe.  (See  Sec.  6  and  notes.) 


COLORED  SCHOOLS.  95 

CHAPTER  XV. 

COLORED   SCHOOLS. 

§  206.  (§  4522  Ky.  St.)  Donation  or  Devise  to— By  Whom 
Held. — All  sums  arising  from  any  donation,  gift,  grant  or  devise  by 
any  person  whatsoever,  wherein  the  intent  is  expressed  that  the  same 
is  designed  to  aid  in  the  education  of  the  colored  children  in  this 
Commonwealth,  or  any  county  or  school  district  therein,  shall  be 
held  and  used  for  the  purposes  specified  in  such  donation,  gift, 
grant  or  devise;  and  the  Superintendent  of  Public  Instruction, 
County  Superintendent  of  Common  Schools  of  the  county,  and  County 
Board  of  Education  shall  receive  such  donation,  gift,  grant  or  de- 
vise for  the  benefit  of  the  colored  schools  of  the  State  or  particular 
county  or  subdistrict,  respectively,  and  shall  hold  and  use  the  same 
as  requested  by  the  donor  or  devisor. 

§  207.  (§  4523  Ky.  St.)  Census  of  Pupils— How  and  When 
Taken — Designation  of  Districts. — The  number  of  colored  children  in 
each  district,  between  the  ages  of  six  and  twenty  years,  shall  be 
taken  and  reported  at  the  same  time  and  in  the  same  manner  as  re- 
quired by  law  for  taking  the  census  of  white  children.  All  colored 
districts  shall  be  designated  by  letters  in  alphabetical  order  for  each 
county,  as  District  A,  District  B,  and  so  on.  (Colored  Visitors — See 
Sec.  107.) 

§  208.  (§  4525  Ky.  St.)  Teachers'  Institute— Organization  of.— 
The  colored  school  officials  and  teachers  shall  be  organized  into 
teachers'  institutes  for  themselves,  in  the  same  manner  and  to  the 
same  extent  as  provided  for  in  sections  191  to  201,  inclusive,  of  this 
act.  (White—See  Sec.  191.) 

§  209.  (§  4526  Ky.  St.)  Penalties  Prescribed — Enforcement  of. 
• — All  duties  which  'are  required  of  any  officer  under  this  chapter 
shall  be  performed  by  them  under  penalties  herein  prescribed;  and 
when  no  penalties  are  prescribed,  then  the  officer  failing  to  perform 
the  duties  imposed  shall  be  guilty  of  a  misdemeanor,  and,  upon  in- 
dictment in  the  circuit  court  of  the  county  in  which  said  misdemeanor 
may  occur,  shall  be  subject  to  a  fine  in  any  amount,  in  the  discre- 
tion of  a  jury,  and  the  Superintendent  of  Public  Instruction  shall  give 
information  of  all  failures  or  neglect  of  duty  which  come  to  his 
knowledge  to  the  attorney  for  the  Commonwealth  in  the  county  in 
which  the  failure  to  perform  or  neglect  of  duty  shall  occur.  The 
Superintendent  of  Public  Instruction  shall  issue,  as  occasion  de- 
mands, a  circular  letter  to  the  circuit  judges  of  the  State,  setting 
out  the  methods  by  which  frauds  have  been  committed  against  the 


96  KENTUCKY   SCHOOL  LAWS  1916. 

State  school  funds,  and  other  violations  of  the  school  law  perpe- 
trated, and  request  that  they  call  the  attention  of  the  grand  juries 
to  the  same. 

SEPARATE  SCHOOLS  FOR  WHITE  AND  COLORED. 

§  210.  (§  4526a  Ky.  St.)  White  and  Colored  Not  to  be  Taught 
in  Same  College — Penalty. —  (1)  That  it  shall  be  unlawful  for  any 
person,  corporation  or  association  of  persons  to  maintain  or  operate 
any  college,  school  or  institution  where  persons  of  the  white  and 
negro  races  are  both  received  as  pupils  for  instruction;  and  any  per- 
son  or  corporation  who  shall  operate  or  maintain  any  such  college, 
school  or  institution  shall  be  fined  $1,000.00,  and  any  person  or  cor- 
poration who  may  be  convicted  of  violating  the  provisions  of  this 
act  shall  be  fined  one  hundred  dollars  for  each  day  they  may  oper- 
ate said  school,  college  or  institution,  after  such  conviction. 

(2)  That  any  instructor  who  shall  teach  in  any  school,   college 
or   institution   where   members    of   said   two   races   are   received   as 
pupils  for  instruction  shall   be  guilty  of  operating  and  maintaining 
same  and  fined  as  provided  in  the  first  section  hereof. 

(3)  It   shall   be   unlawful   for   any  white   person   to   attend   any 
school   or  institution   where   negroes   are   received   as  pupils   or  re- 
ceive instruction,  and  it  shall  be  unlawful  for  any  negro  or  colored 
person  to  attend  any  school  or  institution  where  white  persons  are 
received  as  pupils  or  receive  instruction.     Any  person   so  offending 
shall  be  fined  fifty  dollars  for  each  day  he  attends  such  institution 
or  school:   Provided,  That  the  provisions  of  this  law  shall  not  apply 
to  any  penal  institution  or  house  of  reform. 

(4)  Nothing  in  this  shall  be  construed  to  prevent    any  private 
school,  college  or  institution  of  learning  from  maintaining  a  separate 
and   distinct   branch   thereof,   in   a   different  locality,   not   less   than 
twenty-five  miles  distant,  for  the  education  exclusively  of  one  race 
or  color. 


COUNTY  HIGH  SCHOOLS.  97 

CHAPTER  XVI. 


COUNTY  HIGH  SCHOOLS. 
(In  Graded  Schools — See  Sec.   136b.) 

§  211.  High  Schools — Concerning — Duty  of  the  County  Board  of 
Education. —  (1)  Within  two  years  after  the  passage  and  approval  of 
tins  act,  there  shall  be  established  by  the  County  Board  of  Educa- 
tion cf  each  county,  one  or  more  county  high  schools:  Provided, 
There  is  not  already  existing  in  the  county  a  high  school  of  the 
first  class.  If  such  high  school  already  exist,  and  if  the  County  Board 
may  be  able  to  make  such  an  arrangement  with  the  trustees  or 
board  of  education  of  said  high  school  as  will  furnish  to  the  pupils 
completing  the  rural  school  course  free  tuition  in  said  high  school, 
then  said  high  school  may  be  considered  as  meeting  the  purpose  of 
this  law  without  the  establishment  by  the  board  of  another  high 
school.  The  County  Board  of  Education  in  the  Various  counties 
shall  have  full  power  and  authority  to  unite  with  the  governing 
authorities  of  any  city  or  town  in  their  respective  counties  for  the 
purpose  of  establishing  a  high  school  for  the  joint  use  of  the  city 
or  town  and  such  county,  and  to  unite  with  such  authorities  for  the 
purpose  of  maintaining  such  high  school  if  one  be  already  in  exist- 
ence. 

(2)  For  this  purpose  said  county  boards  are  hereby  given  full 
power  and  authority  to  make  such  contracts  as  they  may  deem 
necessary  or  proper  for  the  establishment  and  maintenance  of  such 
high  schools  for  the  joint  use  of  the  county  and  such  city  or  town. 
Said  contract  shall  be  in  writing  and  shall  contain  full  and  com- 
plete stipulations  as  to  employment  and  compensation  of  teachers, 
course  of  study,  payment  of  expenses  of  the  school  and  the  control 
and  discipline  of  the  pupils:  Provided,  That  the  total  expense  of 
conducting  said  high  school,  including  estimate  of  the  six  per  cent, 
per  annum  on  all  investments  in  buildings,  grounds  and  equipment, 
shall  be  pro  rated  between  the  two  boards  of  education  in  propor- 
tion to  the  enrollment  respectively  of  county  pupils  residing  in  said 
town,  city  graded  school  district,  for  the  term  of  the  first  half  of  the 
session  and  likewise  for  the  term  of  the  second  half  of  the  school 
session,  the  entire  school  session  being  in  no  case  less  than  eight 
school  months.  (See  notes  Sec.  136.) 

DECISIONS  OP   THE  COURT  OP  APPEALS. 

A  contract  providing-  for  an  annual  payment  of  $3,000.00 
for  five  years  must  be  regarded  as  creating  an  indebtedness 
of  115,000.00. 

It  is  not  necessary  under  the  statute  that  the  high 
school  where  a  contract  is  made  with  the  city  authorities, 

S  L— 4 


98  KENTUCKY   SCHOOL  LAWS   1916. 

shall  be  under  the  control  of  the  county  board  or  under  the 
joint  control  of  both  boards.— County  Board,  etc.  v.  Board 
of  Trustees,  etc.,  154  Ky.,  309. 

County  Board  Establishing-  a  High  School— White  and 
Colored  Children.—  Prowse  &  Co.  v.  Board  of  Education, 
etc.,  134  Ky.,  365. 

It  is  the  duty  of  the  board  to  follow  the  statute;  but  if 
in  carrying  out  the  directions  of  the  statute,  which  is  direc- 
tory only,  they  fail  to  comply  strictly  with  its  provisions, 
their  acts  are  not  void,  but  are  irregular  only.— Grant  Co., 
etc.  v.  Chandler,  144  Ky.,  348. 

It  was  the  duty  of  the  County  Board  of  Education  either 
to  establish  a  high  school  of  its  own,  or  to  provide  one  by 
contract  with  governing-  authorities  of  an  existing  high 
school. 

County  Board  has  no  authority  to  pay  tuition  for  high 
school  pupils  to  any  school  unless  they  have  a  written  con- 
tract with  the  high  school  signed  by  all  parties  and  that  it  is 
a  legally  established  high  school. 

One  who  contracts  with  a  public  officer  acting  under  the 
authority  of  a  statute  can  contract  only  in  the  manner 
pointed  out  by  the  statute;  otherwise  he  has  no  contract. — 
County  Board,  etc.  v.  Dudley,  154  Ky.,  426. 

OPINIONS   OF   THE    ATTORNEY   GENERAL. 

The  County  Board  of  Education  can  legally  enter  into 
a  contract  with  Ogden  and  Franklin  Female  Colleges  to  have 
the  high  school  pupils  taught  in  said  colleges. 

It  is  necessary  for  the  County  Board  of  Education  to 
make  some  arrangements  to  establish  a  county  high  school, 
but  it  is  not  compelled  to  continue  a  contract,  which  in  its 
opinion,  is  not  just  to  the  county. 

The  County  Board  of  Education  does  not  have  the 
right  to  pay  the  expenses  of  the  high  school  out  of  the  State 
school  fund. 

(See  notes,   Sec.  104.) 

§  212.  Contract — Where  Established — Classes — County  Board — 
City — Course  of  Study — Who  May  Attend.— (1)  Provided,  however, 
that  said  contract  tuition  rate  shall  in  no  case  exceed  the  rate 
charged  for  other  pupils. 

The  first  county  high  school  to  be  established  in  the  county  shall 
be  located  at  the  county  seat;  provided  there  is  not  already  existing 
in  the  county  seat  a  high  school  of  the  required  grade. 

The  county  high  schools  of  this  Commonwealth  shall  be  of  the 
first,  second  and  third  classes. 

A  first  class  high  school  shall  maintain  a  four  years'  course  of 
study,  which  shall  be  prepared  by  the  State  Board  of  Education. 
Such  course  of  study  may  provide  for  instruction  in  manual  training, 
domestic  science  and  elementary  agriculture. 

High  schools  of  the  second  class  shall  maintain  a  course  of  three 
years,  identical  with  the  first  three  years  of  the  first  class  school. 

High  schools  of  the  third  class  shall  maintain  a  course  of  two 
years,  identical  with  the  first  two  years  of  the  first  class  high 
school. 

(2)  When  county  high  schools  shall  be  established,  as  provided 
in  this  act,  it  shall  be  the  duty  of  the  county  Board  of  Education 
to  employ  and  fix  the  salaries  of  said  teachers  necessary  to  the 
efficient  conduct  of  said  high  school  and  prescribe  the  course  of  study 
to  be  pursued,  but  said  course  of  study  shall  not  be  below  the  stand- 
ard fixed  by  the  State  Board  of  Education. 


COUNTY  HIGH  SCHOOLS.  99 

(3)  Said  board  sh'all  also  have  the  right  to  select  the  text  books 
to  be  used  in  said  high  schools. 

(4)  If  any  person  who  has  enrolled  in  the  high  school  reaches 
the  age  of  twenty  years  and  in  good  faith  desires  to  continue  said 
high  school  work  each  consecutive  year,  it  shall  be  and  is  hereby 
made  the  duty  of  the  county  board  to  permit  said  person  to  continue 
said  high  school  work  under  the  same  terms  and  conditions  as  be- 
fore  reaching   the   age   limit   for   attending    school   until    said   high 
school  work  has  been  completed. 

(5)  Joint    High    Schools — Maintained     by     Adjacent     Counties. — 
That  whenever  it  becomes   desirable  by  and  between  two  or  more 
adjacent  counties  of  this  Commonwealth,  where  the  geographical  and 
other   conditions  are  favorable,   such   counties   shall  have   authority, 
by  and  through  the  County  Board  of  Education  of  such  counties,  to 
enter  into  a  contract  for  the  erection,  organization  and  maintenance 
of  one  or  more  county  high  schools,  which  shall  be  used  jointly  by 
said  counties.     The  contract  for  the  erection,  organization,  operation 
and  maintenance   of   such   county  high  schools   shall   be   in  writing 
and  shall  stipulate  in  full  and  complete  terms  the  number  of  years 
said  contract  shall  run,  the  arrangement  as  to  the  employment  of 
teachers,   course  of  study  and  general  operation  of  said  joint  high 
school.     Such  'a  contract  may  be  made  for  the  operation  of  either 
white  or  colored  high  schools.    Whenever  there  are  cities  or  graded 
schools  operating  high   schools,   the   County   Board  of  Education   of 
two  or  more  counties  shall  have  authority  to  enter  into  a  contract 
jointly   with   such   city   or   graded    school    to    maintain    county   high 
schools  for  the  joint  use   of  such    city    or  graded    school  and   the 
county  or  counties  making  such  contract.     The  general  school  laws 
for  the  maintenance  and  operation  of  county  high  schools  shall  con- 
trol in  the  operation  of  high  schools  which  may  be  established,  oper- 
ated and  maintained  under  the  provisions  of  this  act,  except  as  is 
otherwise  herein  provided. 

(6)  That  where  an  approved  high  school  already  exists  that  any 
high  school  pupil  shall  have  the  privilege  of  attending  the   school, 
in   the   county   which   is   most   convenient,   and   that  the    county   in 
which   he   resides   shall   pay   the   tuition  of   said  pupil  at  the   same 
rate  as  fixed  for  other  high  school  pupils  in  said  county. 


100  KENTUCKY   SCHOOL  LAWS   1916. 

CHAPTER  XVII. 


COMPULSORY  EDUCATION  OR  COMPULSORY  ATTENDANCE 

LAW. 

|  213.  (§  4521a-l  Ky.  St.)  Parents  and  Guardians  to  Send  Chil- 
dren to  School — Exception. — Every  parent,  guardian  or  other  person 
residing  within  the  boundary  of  the  county  school  district  law,  and 
having  the  custody,  control  or  supervision  of  any  child,  or  children 
between  the  ages  of  seven  and  twelve  years,  inclusive,  shall  cause 
such  child  or  children  to  be  enrolled  in  and  to  attend  some  public 
or  private  day  or  parochial  school  regularly  for  the  full  common 
school  or  graded  common  school  term  in  each  year  in  the  common 
school  district  of  the  county  in  which  such  child  or  children  may 
live  in  this  Commonwealth:  Provided,  however,  that  this  act  shall 
not  apply  in  any  case  where  the  child  has  been  or  is  being  taught 
at  home  in  such  branches  as  are  taught  in  the  public  schools  for  a 
like  period  of  time  and  subject  to  the  same  examination  as  other 
pupils  in  the  district  in  which  such  child  resides;  'and  for  the  pur- 
pose of  ascertaining  whether  or  not  any  child  is  embraced  within 
this  exemption  the  county  court  may  order  such  child  to  submit  to 
an  examination  to  be  given  by  the  County  Superintendent  of  Schools: 
Provided,  further,  that  this  section  shall  not  apply  to  any  child  who 
is  excused  by  the  County  Board  of  Education,  upon  its  being  shown 
to  the  satisfaction  of  the  County  Superintendent  of  Schools  that  such 
child  is  not  in  proper  physical  or  mental  condition  to  'attend  school. 

§  214.  (§  4521a-2  Ky.  St.)  Penalty  for  False  Statement.— Any 
parent,  guardian,  or  other  person  having  the  custody,  control  or 
supervision  of  any  child  embraced  within  the  provisions  of  this  act, 
who,  with  the  intent  to  evade  the  provisions  of  this  act,  shall  make 
a  false  statement  concerning  the  age  of  such  child  or  the  time  such 
child  has  attended  school,  shall  be  deemed  guilty  of  misdemeanor, 
and  upon  conviction  thereof  may  be  fined  in  any  sum  not  exceeding 
fifty  dollars  or  by  imprisonment  in  the  county  jail  not  exceeding 
thirty  days,  or  both  so  fined  and  imprisoned  at  the  discretion  of  the 
court. 

Any  parent,  guardian  or  other  person  having  the  custody,  con- 
trol or  supervision  of  any  child  embraced  within  this  act  who  shall 
be  proceeded  against  under  this  act,  may  prove  in  defense  that  he 
is  unable  to  compel  the  child  under  his  control  to  attend  school,  and 
he  may  thereupon  be  discharged  from  liability,  and  such  child  shall 
be  proceeded  against  as  a  delinquent  child  under  the  statutes  in  such 
cases  made  and  provided. 

§  215.  (§  4521a-3  Ky.  St.)  Penalty  for  Violation.— Any  parent, 
guardian  or  other  person  failing  to  comply  with  the  provisions  of 


COMPULSORY  EDUCATION  OR  ATTENDANCE  LAW.         101 

this  act  shall  forfeit  to  the  use  of  the  schools  within  the  district  in 
which  such  child  lives  a  sum  not  less  than  five  dollars  ($5.00)  nor 
more  than  twenty  dollars  ($20.00)  for  the  first  offense,  nor  less  than 
ten  dollars  nor  more  than  fifty  dollars  for  the  second  and  every 
subsequent  offense,  'and  cost  of  suit. 

§  216.  (§  4521a-4  Ky.  St.)  Teachers  to  Report  Absence  of  Chil- 
dren.— It  shall  be  the  duty  of  the  teachers  to  report  promptly  and 
regularly  to  the  subdistrict  trustees  or  other  local  school  officers  and 
to  the  County  Board  of  Education  through  the  County  Superintend- 
ent of  Schools,  the  names  of  all  parents,  guardians  or  other  persons 
who  fail  to  comply  with  the  provisions  of  this  act.  It  shall  then  be 
the  duty  of  said  subdistrict  trustee  or  other  local  school  officers, 
and  said  County  Boards  of  Education  through  the  County  Superin- 
tendent of  Schools  to  give  written  notice  to  the  parents,  guardians 
or  other  persons  having  control  or  custody  of  such  child  that  the 
attendance  of  such  child  is  required,  and  if  such  parent,  guardian 
or  other  person  having  control  or  supervision  of  such  child  does  not 
comply  immediately  with  the  provisions  of  this  act,  then  said  sub- 
district  trustees  or  other  local  school  officers,  and  said  board  of  edu- 
cation shall  proceed  against  such  child  as  a  delinquent  child,  and 
against  such  parents,  guardians  or  other  persons  having  the  custody, 
control  or  supervision  of  such  child  for  violation  of  this  'act  for  con- 
tributing to  the  delinquency  of  such  child. 

§  217.  (§  4521a-5  Ky.  St.)  County  Court  Has  Jurisdiction. — 
The  county  courts  of  the  respective  counties  of  the  Commonwealth 
shall  have  exclusive  jurisdiction  of  all  cases  coming  within  the  terms 
and  provisions  of  this  act,  and  any  fines  or  penalties  shall  be  re- 
covered by  capias  pro  fine  as  other  fines  are  collected. 

§  218.  (§  4521a  Ky.  St.)  Record  of  Birth  and  Age  of  Child.— 
A  p'assport,  a  duly  attested  transcript  or  the  certificate  of  birth  or 
baptism,  a  certified  copy  under  oath  of  a  record  in  the  family  Bible, 
or  other  religious  record  showing  the  date  and  place  of  birth  of 
such  child  shall  be  produced  as  proof  of  age.  In  case  such  certificate 
or  record  as  hereinbefore  provided  cannot  be  secured,  upon  proof 
of  such  fact,  the  record  of  the  age  stated  in  the  first  enrollment  to 
be  found  shall  be  considered  as  evidence  thereof.  If  there  be  no 
school  enrollment  showing  such  fact,  other  evidence  as  to  the  age  of 
said  child  shall  be  considered. 


102  KENTUCKY  SCHOOL  LAWS  1916. 

CHAPTER  XVIII. 

k 

ARTICLE  XVII. 
LOCAL  SCHOOLS— ACTS  AFFECTING. 

§  219.  (§  4535d  Ky.  St.)  Morganfield,  Union  County  School— Acts 
1906,  p.  347;  Kuttawa,  Lyon  County  School— Acts  1906,  p.  423;  Corinth, 
Grant  County  School— Acts  1906,  p.  424;  Graded  School  in  Johnson 
County— Acts  1908,  p.  207;  Catlettsburg  Colored  School— Acts  1912,  p. 
218;  Adairville  Public  School— Acts  1912,  p.  223;  Morganfield  Public 
School— Acts  1910,  p.  327;  Dycusburg  Public  School— Acts  1910,  p.  340. 
(Certificate — Who  Must  Hold — See  notes  to  Sec.  91.) 

§  219a.  That  the  trustees  of  any  graded  school  districts  created 
by  a  special  act,  and  having  a  school  fund  other  than  that  provided 
by  general  law  may  have  the  power  and  are  hereby  authorized  and 
empowered  to  issue  coupon  bonds  of  such  graded  school  district  to 
a  sum  not  exceeding  fifty  thousand  dollars  ($50,000.00),  bearing  in- 
terest from  date  of  delivery,  interest  payable  semi-annually  at  the 
rate  of  five  per  cent. 

The  proceeds  of  s'aid  bonds  to  be  used  for  the  purpose  of  erecting 
a  high  school  in  such  district,  or  otherwise  relieving  the  congestion 
now  existing  in  the  buildings  and  grounds  of  such  graded  school  dis- 
tricts. Said  bonds  to  be  of  the  denomination  of  one  hundred  ($100) 
and  five  hundred  ($500)  dollars  at  the  discretion  of  the  board  of 
trustees,  payable  in  twenty  years,  but  with  the  privilege  reserved 
by  the  district  to  pay  same  or  any  part  thereof  at  the  end  of  ten 
years;  said  bonds  to  be  signed  by  the  chairman  of  the  board  of 
trustees  of  said  district  and1  attested  by  the  secretary  alone,  and 
may  be  attested  by  stencil  signature. 

Said  bonds  and  coupons  to  be  paid  in  the  manner  and  at  the 
time  and  place  provided  by  the  aforesaid  board  of  trustees,  but  b*1- 
fore  said  bonds  or  any  of  them  are  issued,  the  question  as  to  the 
issual  of  same  shall  be  submitted  by  the  board  of  trustees  of  such 
graded  school  district  to  all  the  legal  white  voters  of  said  district 
and  the  same  shall  not  be  issued  unless  two-thirds  of  all  of  the 
legal  white  voters  in  said  district  voting  'at  said  election  shall  vote 
in  the  affirmative  upon  the  following  question: 

"Are  you  in  favor  of  the  issue  of  bonds  not  exceeding  fifty 
thousand  dollars  ($50,000.00)  by  the  trustees  of  this  graded  school 
district  for  the  purpose  of  building  and  equipping  a  high  school  and 
in  order  to  relieve  the  congestion  now  existing  in  the  said  graded 
school  district,  and  to  furnish  reasonable  accommodation  and  facili- 
ties to  the  te'achers  and  pupils  in  said  school  district?" 


LOCAL  SCHOOLS— SEMINARIES.  103 

Which  is  the  sole  question  to  be  propounded  to  the  voters  at 
said  election,  and  if  two-thirds  of  all  of  the  legal  white  voters  voting 
at  said  election  fail  to  vote  for  same,  said  bonds  will  not  be  issued, 
but  said  trustees  shall  have  the  privilege  of  submitting  said  question 
again  any  time  after  thirty  days  from  the  date  of  said  election. 

The  said  election  shall  be  held  at  a  reasonably  convenient  place 
or  places  to  all  of  the  legal  voters  in  said  district  between  the  hours 
of  9  o'clock  A.  M.  and  4  o'clock  P.  M.  on  the  day  named  by  the  trus- 
tees and  said  board  of  trustees  shall  give  notice  of  said  election 
and  the  place  or  places  thereof,  and  the  question  to  be  submitted  to 
the  voters  by  two  insertions  in  all  of  the  papers  published  in  said 
school  district  and  by  printed  notices  in  at  least  thirty  public  places 
in  said  district  for  not  less  than  fifteen  days  preceding  the  day  of 
the  election.  The  said  board  to  appoint  the  officers  of  said  election, 
who  are  to  have  the  same  qualifications  as  required  by  the  general 
law  of  the  State. 

If  said  election  results  in  two-thirds  of  those  voting  at  the  elec- 
tion for  the  issue  of  said  bonds,  it  shall  be  the  duty  of  the  board 
of  trustees  to  issue  same,  and,  further,  their  duty  to  levy  an  annual 
tax  of  not  exceeding  twenty-five  cents  (25c)  on  each  one  hundred 
dollars  ($100)  for  the  erection  and  maintenance  of  said  high  school 
and  to  otherwise  relieve  the  congestion  hereinbefore  set  out.  The 
details  of  the  levy  and  collection  of  said  tax  to  be  left  to  the  discre- 
tion of  the  board  of  trustees.  (Acts  1916.) 

DECISION   OF   THE   COURT   OF   APPEALS 
This  act  construed.    Smith,  etc.  v.  Board,  etc.,  171  Ky.  39. 


CHAPTER  XIX. 


SEMINARIES. 

§  220.  (§  4535e  Ky.  St.)  Trustees — Appointment  of. — When- 
ever the  number  of  the  trustees  of  any  county  academy  or  sem- 
inary heretofore  created  by  act  of  the  General  Assembly  of  the 
Commonwealth  of  Kentucky  has  been  reduced  by  death,  resignation 
or  otherwise,  to  less  than  a  quorum,  the  county  court  of  the  county 
for  which  such  academy  or  seminary  was  created  shall  have  author- 
ity, and  it  shall  be  its  duty  to  fill  said  vacancy  by  appointing  trustees 
for  such  academy  or  seminary.  The  trustee  so  appointed  shall  have 
the  authority  heretofore  conferred,  or  that  may  be  hereafter  con- 
ferred, upon  trustees  of  such  academy  or  seminary. 


104  KENTUCKY   SCHOOL  LAWS   1916. 

CHAPTER  XX. 


SCHOOL  SUFFRAGE  FOR  WOMEN. 

§  221.  (§  4535h  Ky.  St.)  Qualification.— That  all  women  pos- 
sessing the  legal  qualifications  required  of  male  voters  in  any  com- 
mon school  election,  and  who  in  addition  are  able  to  read  and  write, 
shall  be  qualified  and  entitled  to  vote  at  all  elections  of  school  trustees 
and  other  officers  required  to  be  elected  by  the  people,  and  upon  all 
school  me'asures  or  questions  submitted  to  a  vote  of  the  people;  and 
all  women  possessing  the  legal  qualification  required  as  to  males 
shall  be  eligible  to  hold  any  school  office  or  office  pertaining  to  the 
management  of  schools.  Provided,  however,  that  this  act  shall  not 
apply  to  any  election  the  qualifications  of  the  voters  at  which  are 
otherwise  prescribed  by  the  Constitution  nor  to  'any  office  as  to 
which  the  Constitution  otherwise  prescribes  the  qualifications  of  the 
persons  eligible  thereto. 

DECISIONS  OF  THE  COURT  OF  APPEALS 

It  is  a  well  settled  rule  that  the  domicile  of  the  husband 
is  the  only  domicile  of  the  wife  until  she  leaves  him  with  the 
intention  of  a  permanent  separation. 

It  is  sufficient  if  the  voter  can  read  in  a  reasonably  in- 
telligent manner  sentences  composed  of  words  in  common  use, 
and  of  average  difficulty,  though  each  and  every  word  may 
not  always  be  accurately  pronounced.  One  is  able  to  write 
who,  by  the  use  of  alphabetical  signs,  can  express  in  a  fairly 
legible  way  words  in  common  use  and  of  average  difficulty, 
though  each  and  every  word  may  not  be  accurately  spelled.— 
Price  v.  Judd,  169  Ky.  772. 

§  222.  (2)  Registration — Ballots. — In  all  places  where  a  registra- 
tion of  the  qualified  voters  is  now  or  may  hereafter  be  required,  women 
who  are,  by  this  act  qualified  to  vote,  shall  be  registered  at  the  same 
time  and  place  by  the  same  officers  and  in  the  same  manner  as  male 
voters;  their  registration,  however,  being  made  in  a  separate  book 
to  be  furnished  by  the  county  clerk  as  is  prescribed  by  law  in  the 
case  of  male  voters.  And  all  the  provisions  of  law  relating  to  the 
registration  of  male  voters  are  hereby  made  applicable  to  the  regis- 
tration of  women  qualified  to  vote  by  this  act. 

§  223.  (3)  Separate  Ballots.— When  the  elections  referred  to  in 
section  221  of  this  act  are  held  on  the  same  day  with  the  State,  county 
or  city  elections,  separate  ballots  similar  to  those  required  in  other 
elections,  except  that  they  contain  only  the  names  of  candidates  for 
school  officers  or  questions  relating  to  schools,  shall  be  provided  for 
women  voters  qualified  under  this  act;  otherwise  the  elections  shall 
be  held  according  to  the  provisions  of  the  general  election  law. 


BUILDING  SCHOOL  COMMISSION.  105 

CHAPTER  XXI. 


BUILDING  SCHOOL  COMMISSION  TO  APPOINT  TERM  AND 
QUALIFICATION  OF  MEMBERS. 

§  224.  (§  3535g  Ky.  St.)  County  Judge  to  Appoint— Term  and 
Qualification  of  Members.— Upon  the  application,  in  writing,  of  250 
householders  residing  in  the  district,  as  hereinafter  described,  it  shall 
be  the  duty  of  the  County  Judge  of  a  county  to  appoint  four  persons, 
two  of  whom  shall  be  members  of  the  Democratic  Party  and  two 
members  of  the  Republican  Party,  to  constitute  a  Building  School 
Commission.  Each  appointee  shall  be  at  least  twenty-five  years  of 
age  and  reside  within  the  district,  and  be  the  owner  in  his  own  righ< 
of  real  estate.  No  officer  or  employe  of  the  State  or  of  any  city  or 
county,  whether  holding  a  paid  or  unpaid  office,  shall  be  eligible  to 
appointment  to  said  commission.  Such  appointee  shall  be  subject  to 
the  approval  of  the  fiscal  court  of  said  county.  The  term  of  office  shall 
be  four  years,  and  if  the  work  therein  provided  for  is  sooner  com- 
pleted such  term  of  office  shall  expire  at  such  completion.  Vacancies 
shall  be  filled  for  an  unexpired  term  in  the  same  manner  as  the  orig- 
inal appointment. 

The  district  for  which  said  commission  is  appointed  and  which 
shall  constitute  the  district  as  hereinafter  mentioned,  shall  be  the 
whole  county,  or,  where  said  county  contains  an  incorporated  town 
or  towns  wherein  is  maintained  a  public  school  which  is,  in  whole 
or  in  part,  supported  by  taxation  levied  alone  upon  the  property  in 
said  town,  then  the  balance  of  said  county. 

§  225.  (2)  Commission — Body  Politic  Powers. — The  persons  ap- 
pointed as  provided  in  the  first  section,  and  their  successors,  shall 
constitute  a  body  corporate  under  the  name  of  Building  Commission 

or County  (the  name  of  the  county  in  which  they 

are  appointed  being  used  to  fill  the  blank),  and  shall  have  official 
capacity  to  contract  and  be  contracted  with,  to  sue  and  be  sued  in 
that  name,  and  to  adopt  a  seal  and  alter  the  same  at  pleasure.  Such 
commission  shall  elect  a  chairman  from  the  appointed  members.  The 
appointed  members  of  the  commission  shall  receive  no  compensation, 
but  shall  be  allowed  their  expenses  of  travel  when  on  business  of 
the  commission.  It  shall  have  authority  to  employ  such  clerical  or 
other  assistance  as  the  board  may  deem  necessary. 

§  226.  (3)  School  Houses  to  'be  Built.— It  shall  be  the  duty  of 
the  commission  to  make  such  careful  examination  of  the  method  of 
constructing  and  furnishing  public  school  houses  as  may  enable  it 
to  determine  the  best  plan  of  erecting  and  furnishing  the  same,  in- 
cluding ventilation,  heating  and  lighting.  The  commission  shall  have 
the  power  to  employ  one  or  more  architects  to  submit  plans  for  such 


106  KENTUCKY   SCHOOL  LAWS  1916. 

construction  and  furnishing,  together  or  separately,  and  to  attend  to 
the  carrying  out  of  the  same,  and,  pay  a  reasonable  compensation 
therefor. 

§  227.  (4)  Bond  to  be  Given  by  Employes. — The  commission  shall 
exact  from  its  officers  and  employes  such  bond,  with  approved  surety, 
as  seems  to  it  discreet,  and  fix  the  form  of  such  bond.  The  premium 
on  such  bond  shall  be  paid  by  the  commission. 

§  228  (5)  Plans  to  be  Submitted  to  County  Board.— When  the 
commission  shall  have  determined  upon  a  plan  for  the  erection  and 
furnishing  of  a  school  house  or  school  houses  in  said  district  it 
shall  lay  said  plans  before  the  County  Board  of  Education.  If  said 
plans  so  recommended  by  the  commission  be  adopted  by  the  County 
Board  of  Education,  then  said  commission  shall  have  the  right  to 
proceed  to  acquire,  by  purchase  or  condemnation,  all  property  nec- 
essary for  such  school  houses  and  playgrounds,  and  the  erecting  and 
furnishing  of  said  school  houses  so  approved. 

§  229  (6)  Contract — How  Let. — All  work  to  be  done  or  supplies 
or  materials  to  be  purchased  in  carrying  out  the  purposes  of  this 
act  and  involving  an  expenditure  of  $500  or  more  shall  be  by  con- 
tract awarded  to  the  lowest  and  best  bidder;  but  the  commission, 
with  the  consent  of  all  its  members,  may  itself  do  any  part  of  such 
work  under  such  conditions  as  it  may  prescribe,  whenever  the 
superintendent  of  construction  shall,  in  writing,  recommend  that 
course.  All  bids  or  parts  of  bids  for  any  work  or  supplies  or  ma- 
terials may  be  rejected  by  said  commission.  This  section  shall  not 
apply  to  nor  be  construed  so  as  to  limit  the  power  of  the  commis- 
sion in  the  appointment  of  architects,  clerks  or  agents. 

§  230.  (7)  Bonds  May  be  Voted. — In  order  to  provide  money 
for  the  acquisition  of  property  for  schools  sites  and  the  erection 
and  furnishing  of  school  buildings  the  Fiscal  Court  of  any  county 
may  adopt  a  resolution  submitting  to  the  voters  of  the  district,  at 
the  November  election  occurring  ninety  days  after  the  entry  of  the 
order,  and  succeeding  the  appointment  of  the  commission,  the  ques- 
tion whether  bonds  of  the  district  shall  be  issued  for  the  purpose  of 
carrying  out  the  work  herein  provided  for.  The  resolution  of  the 
fiscal  court  shall  provide  the  date  and  maturity  of  such  bonds,  the 
fate  of  interest  they  shall  bear  and  the  total  amount  to  be  issued, 
which  shall  in  no  event  exceed  the  limit  fixed  by  the  Constitution, 
and  the  resolution  shall  also  contain  the  necessary  details  in  refer- 
ence to  the  execution  and  delivery  of  said  bonds,  their  denomina- 
tion, coupons  to  be  annexed,  tax  to  be  levied  to  pay  the  interest  and 
sinking  fund  to  retire  such  bonds. 

§  231.  (8)  Bonds  to  be  Sold — Depository  to  be  Selected. — 
When  the  voters  of  the  district  shall  determine  that  such  bonds  shall 
be  issued  they  shall,  when  so  issued,  be  placed  under  the  control 
of  said,  commission,  who  shall  determine  when  and  at  what  price 


BUILDING  SCHOOL  COMMISSION.  107 

and  how  they  shall  be  sold;  provided  that  no  such  bonds  shall  be 
sold  at  less  than  par,  and  provided,  further,  that  any  premiums  which 
may  be  obtained  from  said  bonds  shall  constitute  a  part  of  the  sink- 
ing fund  for  their  ultimate  retirement.  As  the  said  bonds  are  sold 
their  proceeds  sh'all  go  to  the  credit  of  the  commission  in  some  de- 
pository which  shall  be  selected  for  the  deposit  by  the  commission, 
and  shall  be  withdrawn  only  upon  the  checks  of  the  secretary  and 
treasurer  of  the  commission,  countersigned,  in  such  manner  and 
accompanied  by  voucher  approved  in  such  manner  as  may  be  pre- 
scribed by  regulations  to  be  adopted  by  the  commission;  provided, 
that  the  said  commission  shall  ex'act  of  said  depository  bond,  with 
surety,  for  the  faithful  accounting  for  and  paying  over  of  such 
money  as  may  be  from  time  to  time  drawn  upon. 

§  232.  (9)  Expenses  to  be  Borne  by  Commission. — The  com- 
mission may  select  its  necessary  employes  prior  to  the  election  on 
the  subject  of  issuing  the  bonds  as  provided  in  section  230  of  this  act; 
but  no  compensation  shall  be  paid  to  either  of  such  officers  for  any 
work  done  until  after  the  bonds  have  been  voted.  All  disbursements 
of  the  commission,  including  compensation  to  its  officers,  agents  and 
others  employed  by  it,  shall  come  out  of  the  proceeds  of  the  sale  of 
said  bonds.  The  duties  prescribed  for  the  commission  in  sections 
226,  227,  228,  229  and  231  of  this  act,  hereof,  shall  not  be  performed, 
until  and  unless  bonds  have  been  voted  as  provided  in  section  230 
of  this  act. 

§  233.  (10)  Levy  to  be  Made  by  Fiscal  Court. — It  shall  be  the 
duty  of  the  fiscal  court  of  the  county  to  levy  annually,  upon  the 
property  subject  to  taxation  in  the  said  district,  a  sufficient  rate  to 
pay  the  interest  on  the  said  bonds  and  the  sinking  fund  provided  for 
in  the  order,  and  the  principal  of  said  bonds  when  the  same  shall 
mature.  It  shall  be  the  duty  of  the  sheriff  of  the  county  to  collect 
such  levy  and  turn  over  the  same  to  the  county  treasurer,  who  shall 
apply  the  funds  thus  collected  to  the  payment  of  the  interest  and 
principal  of  the  bonds.  And  it  shall  also  be  the  duty  of  the  county 
treasurer,  under  the  direction  of  the  County  Board  of  Education,  to 
invest  the  money  derived  from  the  sinking  fund  in  such  securities 
as  may  be  approved  by  said  County  Board  of  Education. 

§  234.  (11)  Title  to  Property  Vested  in  County  Board  of  Edu- 
cation.— The  title  to  all  property  acquired  by  said  commission  shall 
be  taken  in  the  name  of  the  County  Board  of  Education  and  all 
money  in  the  hands  of  the  commission  after  defraying  any  liabilities 
which  have  been  incurred  by  the  commission,  shall  be  paid  into  the 
hands  of  the  county  treasurer,  to  be  used  as  a  sinking  fund  for  the 
bonds  hereinbefore  provided  for.  The  coihmission  shall  pay  out  of 
the  proceeds  of  the  sale  of  said  bonds  all  valid  claims  for  damages 
or  otherwise  which  may  be  preferred  against  it,  and  neither  the 
county  nor  the  district  shall  be  liable  for  any  debt  which  the  com- 


108  KENTUCKY   SCHOOL  LAWS   1916. 

mission  may  incur,  or  any  claim  for  damages  which  may  be  asserted 
or  awarded  against  the  commission. 

§  235.  (12)  County  Attorney  to  Advise  Board.— All  legal  serv- 
ices or  advice  which  may  be  required  by  the  commission  shall  be 
rendered  by  the  county  attorney  and  his  assistants  without  addi- 
tional compensation. 

§  236.  (13)  County  Board  to  Canvass  Votes.— It  shall  be  the 
duty  of  the  fiscal  court  to  canvass  the  votes  of  the  election  provided 
for  in  section  230  hereof,  and  upon  its  appearing  that  two-thirds  of 
the  voters  in  the  district  voting  upon  the  question  shall  have  voted 
in  favor  of  the  issue  of  said  bonds,  shall  certify  this  fact  by  an 
order  to  be  entered  upon  the  order  book  containing  the  proceedings 
of  the  fiscal  court.  The  said  bonds  shall  contain  a  certificate  that 
they  have  been  duly  issued  under  the  provisions  of  this  act,  and  such 
certificate  shall  be  conclusive  evidence  that  all  steps  preliminary  to 
their  valid  issue  have  been  regularly  taken. 

§  237.  (14)  Tax  Levy  to  be  Continued. — The  fiscal  court  shall 
have  power  and  authority,  and  it  shall  be  its  duty,  to  continue  to  levy 
said  tax  on  the  property  of  the  entire  district  which  voted  the  said 
bonds,  notwithstanding  any  part  thereof  may  be  subsequently  incor- 
porated into  any  town,  city  or  other  municipal  subdivision. 


STATE  NORMAL  SCHOOLS.  109 

CHAPTER  XXII. 


STATE  NORMAL  SCHOOLS. 

§  238.  (§  4535a)  (1)  Two  Normal  School  Districts.— That  the 
State  of  Kentucky  be  divided  into  two  State  Normal  School  Districts, 
and  that  they  be  called  the  Eastern  Kentucky  State  Normal  School 
District,  and  the  Western  Kentucky  State  Normal  School  District, 
and  there  be  established  and  maintained  two  State  Normal  Schools 
in  this  State,  as  follows:  The  Eastern  Kentucky  State  Normal  School, 
located  in  the  Eastern  Normal  School  District,  at  Richmond,  Ken- 
tucky, and  the  Western  Kentucky  State  Normal  School,  located  in 
the  Western  Normal  School  District,  at  Bowling  Green,  Kentucky, 
the  boundaries  of  which  two  Normal  School  Districts  shall  be  fixed 
the  year  following,  and  on  the  basis  of  every  federal  census,  by  a 
commission  consisting  of  the  State  Superintendent  of  Public  Instruc- 
tion and  the  president  of  the  Eastern  and  Western  Kentucky  State 
Normal  Schools,  and  which  districts  shall  always  be  as  near  equal 
as  may  be  in  white  population. 

§  239.  (2)  Objects  of  Schools.— The  object  of  said  State  Nor- 
mal Schools  shall  be  to  more  fully  carry  into  effect  the  provisions 
of  section  one  hundred  and  eighty-three  of  the  Constitution  of  Ken- 
tucky, by  giving  to  the  teachers  of  the  Commonwealth  such  training 
in  the  common  school  branches  in  the  science  and  art  of  teaching, 
and  in  such  other  branches  as  may  be  deemed  necessary  by  the  Nor- 
mal Executive  Council,  hereinafter  created,  as  will  enable  them  to 
make  the  schools  throughout  the  State  efficient. 

§  240  (3)  Boards  of  'Regents  Created — Powers. — There  is 
hereby  cre'ated  a  Board  of  Regents  for  each  of  said  Normal  Schools, 
to  be  known,  respectively,  as  "The  Board  of  Regents  for  Normal 
School  District  No.  1,"  and  the  "Board  of  Regents  for  Normal  Dis- 
trict No.  2."  Said  board  shall  have  perpetual  succession,  with  power 
to  contract  and  be  contracted  with,  to  sue  and  be  sued,  to  plead  and 
be  impleaded,  to  receive  by  any  legal  mode  of  conveyance  property 
of  any  description,  and  to  have  and  to  hold  and  enjoy  the  same; 
also  to  make  and  use  a  corporate  seal  with  power  to  alter  the  same; 
to  adopt  by-laws,  rules  and  regulations  for  the  government  of  their 
members,  official  agents  and  employes:  Provided,  such  by-laws  shall 
not  conflict  with  the  Constitution  of  the  United  States  or  with  the 
Constitution  of  the  State  of  Kentucky. 

§  241.  (4)  Number  of  Regents— Superintendent  of  Public  In- 
struction One  of.— The  Board  of  Regents  for  each  of  said  schools  shall 
be  composed  of  five  members,  including  the  Superintendent  of  Public 
Instruction,  who  shall  be  a  member  and  chairman  of  each  of  said 
boards. 


110  KENTUCKY   SCHOOL  LAWS   1916. 

§  242.  (5)  Appointment  and  Terms  of  Board  of  Regents — Resi- 
dence, Party  Affiliation. — Within  thirty  days  after  the  selection  of 
the  normal  school  sites,  as  hereinafter  provided,  the  Governor  shall 
appoint  four  regents  for  each  of  said  normal  schools,  two  of  which 
shall  serve  for  two  years  and  two  for  four  years,  and  until  their 
successors  are  appointed  and  qualified;  and  two  members  shall  be 
appointed  in  like  m'anner  every  two  years  thereafter  to  serve  for 
a  term  of  four  years  each;  and,  whenever  a  vacancy  or  vacancies 
occur  in  either  of  said  boards  by  death,  resignation,  removal  from 
the  district  or  by  the  operation  of  this  law,  or  otherwise,  the  Gov- 
ernor shall,  in  like  manner,  immediately  appoint  some  competent 
person  or  persons  to  fill  such  vacancy  or  vacancies.  The  person  or 
persons  so  appointed  shall  hold  office  for  the  unexpired  term:  Pro- 
vided, That  no  two  members  of  either  of  said  boards  shall  be  resi- 
dents of  any  one  county,  and  that  not  more  than  three  members  of 
any  of  said  boards,  including  the  Superintendent  of  Public  Instruc- 
tion, shall  belong  to  the  same  political  party. 

§  243.  (6)  Term  of  Regents  Four  Years. — Said  regents  shall 
hold  their  office  for  a  term  of  four  years  from  the  first  day  of 
April  next  preceding  their  appointment  and  until  their  successors 
are  duly  appointed  and  qualified,  except  such  as  may  be  appointed 
to  fill  vacancies,  who  shall  hold  office  for  the  unexpired  term  only. 

§  244.  (7)  Meetings  —  Secretary  —  Treasurer.  —  Each  of  said 
Board  of  Regents  shall  hold  its  first  meeting  within  thirty  days  after 
its  appointment,  the  time  and  the  place  of  the  meeting  to  be  desig- 
nated by  the  Superintendent  of  Public  Instruction,  who  shall  ad- 
minister the  oath  of  office  to  each  member.  At  this  meeting  there 
shall  be  selected  a  vice  president  and  a  secretary  for  each  of  said 
boards.  Said  board  shall  also  appoint  a  treasurer  and  such  officers 
as  it  may  deem  necessary,  but  no  member  of  either  of  said  boards 
shall  be  selected  as  treasurer. 

§  245.  (8)  Regular  Meetings — Quarterly.— Each  board  shall 
meet  quarterly  at  such  time  and  places  as  may  be  agreed  upon  and, 
until  the  buildings  are  arranged  for  and  completed,  and  as  much 
oftener  as  m'ay  be  necessary,  but  thereafter  the  regular  meetings 
of  each  of  said  boards  shall  be  held  at  its  respective  normal  school 
building. 

§  246.  (9)  Quorum. — A  majority  of  the  members  of  said  board 
shall  constitute  a  quorum  for  the  transaction  of  business,  but  no 
appropriation  of  money,  nor  any  contract  which  shall  require  any 
appropriation  or  disbursement  of  money  shall  be  made,  nor  teacher 
employer  or  dismissed,  unless  a  majority  of  all  the  members  of  the 
board  shall  vote  for  the  same. 

§  247.  (10)  Powers  Generally  of  Regents. — Each  Board  of  Re- 
gents shall  have  general  control  and  management  of  its  Normal 
School;  shall  possess  full  power  and  authority  to  adopt  all  needful 


STATE  NORMAL  SCHOOLS.  Ill 

rules  and  regulations  for  the  guidance  and  supervision  of  the  con- 
duct of  the  students  of  any  department  thereof;  to  enforce  obedience 
to  such  rules,  to  invest  the  faculty  with  the  power  to  suspend  or 
expel  any  pupil  for  disobedience  to  such  rules,  or,  for  any  other  con- 
tumacy, insubordination  or  immoral  conduct,  and  have  authority  to 
appoint  or  dismiss  all  officers  and  teachers,  to  require  such  reports 
from  officers  and  instructors  as  it  may  deem  necessary,  to  appoint 
a  treasurer  for  such  school  and  to  determine  the  amount  of  his 
bond,  which  amount  shall  not  be  less  than  ten  thousand  dollars. 

§  248.  (11)  Normal  Executive  Committee.— The  Superintend- 
ent of  Public  Instruction,  together  with  the  president  or  head  execu- 
tive officer  of  each  State  Normal  School,  herein  cre'ated,  shall  con- 
stitute a  Normal  Executive  Council,  whose  duty  it  shall  be  to  pre- 
scribe the  course  of  study  to  be  taught  in  each  State  Normal  School 
and  the  educational  qualifications  for  admission  to  and  graduation 
from  the  same. 

§  249.  (12)  Vice  President— Secretary— President.— At  the  first 
meeting  of  the  Normal  Evecutive  Council,  which  shall  occur  within 
one  month  after  the  election  of  the  president  of  the  said  Normal 
School  herein  created,  there  shall  be  elected  from  said  council  a 
vice  president  and  a  secretary;  the  Superintendent  of  Public  In- 
struction shall  be  ex-officio  president  of  the  council. 

§  250.  (13)  Meetings  of  Council. — This  council  shall  hold  its 
meetings  annually  or  as  much  oftener  as  may  be  deemed  necessary, 
at  the  State  Capitol,  or  at  one  of  the  Normal  School  buildings,  the 
place  of  the  meeting  to  be  determined  by  the  Superintendent  of  Pub- 
lic Instruction,  and  a  majority  of  the  members  shall  constitute  a 
quorum. 

§  251.  (14)  Certificates  May  be  Conferred— Privilege  Con- 
ferred by — Revocation. — Each  Board  of  Regents  shall  have  full  power 
and  authority,  subject  to  the  approval  of  the  State  Superintendent  of 
Public  Instruction,  to  confer,  under  its  corporate  seal,  upon  students 
of  s'aid  schools  the  following  certificates,  viz.:  An  "Elementary  Cer- 
tificate," an  "Intermediate  Certificate"  and  an  "Advanced  Certifi- 
cate." 

The  elementary  certificate  shall  be  conferred  upon  the  comple- 
tion of  not  less  than  one  year's  work,  and  shall  entitle  the  holder 
thereof  to  teach  in  any  public  school  in  this  State  for  the  period  of 
two  years  from  the  date  thereof  without  further  examination.  The 
intermediate  certificate  shall  be  conferred  upon  the  completion  of 
not  less  than  two  years'  work,  and  shall  entitle  the  holder  thereof 
to  teach  in  any  public  school  in  this  State  for  a  period  of  four  years 
from  the  date  thereof  without  further  examination.  The  advanced 
certificate  shall  be  conferred  upon  the  completion  of  not  less  than 
three  years'  work,  and  shall  entitle  the  holder  thereof  to  teach  in 
any  public  school  in  this  State  for  a  period  of  three  years  from  thQ 


112  KENTUCKY   SCHOOL   LAWS   1916. 

date  thereof  without  further  examination,  and  if,  at  the  end  of  the 
three  years,  a  teacher  holding  an  advanced  certificate  shall  present 
to  the  Board  of  Regents  which  granted  the  same,  satisfactory  evi- 
dence of  successful  teaching  during  said  period,  and  of  good  moral 
character,  then  the  advanced  certificate  may  be  extended  for  life,  or 
good  behavior,  by  said  board,  subject,  however,  to  the  approval  of  the 
State  Superintendent  of  Public  Instruction;  'and  it  shall  be  so  en- 
dorsed by  the  said  board,  and  the  holder  thereof  shall  be  entitled 
to  teach  in  any  public  school  in  this  State  during  good  behavior  with- 
out further  examination. 

The  official  endorsement  of  the  State  Superintendent  of  Public 
Instruction  shall  be  necessary  to  validate  any  certificate,  or  ex- 
tension thereof  above  n'amed.  Any  certificate  may  be  revoked  for 
cause  by  the  Board  of  Regents  of  the  school  granting  the  same,  or 
by  the  State  Superintendent  of  Public  Instruction.  Any  County 
Superintendent  may,  for  cause,  revoke  for  his  county,  any  certificate, 
of  which  revocation  immediate  notice  shall  be  given  to  the  State 
Superintendent  of  Public  Instruction,  and  he  shall  have  power  to 
approve  or  reverse  such  revocation. 

The  Secretary  of  the  Bo'ard  of  Regents  shall  annually  on  or 
before  the  first  day  of  August,  transmit  to  the  State  Superintendent 
of  Public  Instruction  the  names  of  those  receiving  such  certificates, 
their  date  of  issue,  and  the  place  of  residence  of  each  holder,  and 
the  State  Superintendent  shall  annually,  not  later  than  August  15th, 
forward  to  each  County  School  Superintendent  a  printed  list  of 
persons  holding  State  certificates  then  in  force,  and  those  authorized 
to  teach  under  the  provisions  of  this  section,  giving  names,  resi- 
dences, dates  of  qualification,  and  by  whom  conferred,  and  the  date 
on  which  each  normal  certificate  shall  expire;  and  the  holder  of 
such  certificate  shall,  before  commencing  to  teach  a  public  school 
in  any  county  in  this  State,  notify  the  County  Superintendent  thereof, 
of  such  fact,  give  date  of  qualification  and  by  whom  conferred,  and 
the  County  School  Superintendent  shall  verify  same  by  examination 
of  the  list  sent  him  by  the  State  Superintendent  and  if  found  cor- 
rect, shall  duly  record  the  said  teacher  as  eligible  to  teach  in  such 
county. 

§  252.  (15)  Teachers  and  Compensation. — The  Board  of  Re- 
gents shall  have  power  to  appoint  and  to  remove  the  president,  pro- 
fessors 'and  teachers  of  the  Normal  Schools,  to  fix  their  compensa- 
tion, the  commencement  and  the  termination  of  their  respective 
terms  of  office,  not  to  exceed  two  years  for  any  one  term. 

§  253.  (16)  Removal  of  Off'cers  and  Teachers — Causes  for. — 
No  president,  professor,  or  teacher  shall  be  removed  except  for  in- 
competency,  neglect  or  refusal  tc  perform  his  duty  or  for  immoral 
conduct;  nor  shall  such  president,  professor  or  teacher  be  removed 
until  after  ten  days'  notice  in  writing,  stating  the  nature  of  the 


STATE  NORMAL  SCHOOLS.  113 

charges  preferred;  and  such  person  shall  have  an  opportunity  to 
make  a  defense  before  the  board  by  counsel  or  otherwise,  and  shall 
be  allowed  to  introduce  testimony,  which  shall  be  heard  and  deter- 
mined by  the  board.  In  every  case  of  the  suspension  or  expulsion 
of  a  student  by  the  faculty,  the  person  so  suspended  or  expelled  shall 
be  allowed  to  appeal  from  the  decision  of  the  faculty  to  the  Board 
of  Regents,  and  it  shall  be  the  duty  of  the  Board  of  Regents  to  pre- 
scribe the  manner  and  mode  of  proceeding  in  the  matter  of  such 
appeal,  but  the  decision  of  the  Board  of  Regents  shall  be  final. 

§  254.  (17)  Special  Meetings  of  Regents.— Upon  the  written 
request  of  any  two  members  of  the  Board  of  Regents,  or  at  the  re- 
quest of  the  faculty  'and  signed  by  the  president  and  certified  by  the 
secretary  thereof,  the  chairman  of  the  Board  of  Regents  may  call 
a  special  meeting,  stating  the  object  or  objects  thereof,  and  no  other 
business  shall  be  transacted  at  such  a  meeting  unless  all  the  mem- 
bers of  the  board  are  present  and  consent  thereto. 

§  255.  (18)  Expenses  of  Regents  Paid.— No  member  of  the 
Board  of  Regents  nor  member  of  the  Normal  Executive  Council,  shall 
draw  any  salary  for  services  as  such,  but  shall  receive  six  cents  per 
mile  for  every  mile  necessary  to  travel  in  going  to  and  from  each 
meeting  of  the  board  and  other  legitimate  expenses,  to  be  paid  out 
of  the  contingent  fund  of  the  school. 

§  256.  (19)  Interest  in  School  Contracts  Forbidden. — No  presi- 
dent, professor,  teacher,  regent,  member  of  the  Normal  Executive 
Council  or  other  officer  or  employee  shall  keep  for  sale  or  be  inter- 
ested, directly  or  indirectly,  in  any  contract  or  purchase  for  the 
building  or  repairing  ?ny  structure  or  for  fencing  or  ornamenting  the 
gounds,  or  furnishing  any  supplies  or  material  for  the  use  of  said 
Normal  School. 

§  257.  (20)  Reports  of  Presidents  to  Regents. — The  president 
of  each  Normal  School  shall  make  to  his  Board  of  Regents  written 
reports  in  duplicate,  during  the  month  of  August  of  each  year,  which 
shall  contain  a  full  account  of  all  receipts  of  moneys  from  appro- 
priations, tuitions,  fees  and  all  other  sources,  and  the  disbursement 
thereof,  and  for  what  purpose  and  the  condition  of  the  said  Normal 
School ;  shall  also  report  a  list  of  the  names  and  places  of  resi- 
dence of  all  students  that  may  have  been  taught  in  the  Normal 
School  during  the  preceding  year,  the  number  of  terms  enrolled,  the 
number  of  days  each  has  taught  and  the  amount  of  tuition  and  inci- 
dental fees  paid;  one  of  which  reports  shall  be  filed  in  the  office  of 
the  secretary  of  the  Board  of  Regents  and  the  other  transmitted  to 
and  filed  in  the  office  of  the  Superintendent  of  Public  Instruction, 
at  Frankfort,  Kentucky. 

§  257a.  (21)  Treasurer  and  Bond. — The  treasurer  of  the  re- 
spective Board  of  Regents;  before  he  enters  upon  the  duties  of  his 
office,  shall  enter  into  a  bond  to  the  Commonwealth  of  Kentucky, 


114  KENTUCKY  SCHOOL  LAWS  1916. 

with  not  less  than  two  solvent  sureties  or  a  guarantee  company 
authorized  to  do  business  in  Kentucky,  in  a  sum  of  not  less  than 
ten  thousand  dollars,  to  be  'approved  by  the  board,  conditioned  that 
he  will  faithfully  perform  all  the  duties  required  of  him  by  law  as 
such  treasurer,  which  bond  shall  be  filed  with  the  secretary  of  the 
board. 

§  258.  (22)  Duties,  Compensation  of  Treasurer — Reports  by. — 
It  shall  be  the  duty  of  the  treasurer  of  the  board  to  receive  and 
disburse  all  moneys  under  the  control  of  the  Board  of  Regents  and 
rerform  all  such  acts  as  pertain  to  his  office,  under  the  direction  of 
the  Board  of  Regents  and  to  make  a  report  of  the  same  to  the  board 
at  its  quarterly  meetings.  In  the  month  of  August  of  each  year,  the 
treasurer  of  said  board  shall  also  make  and  furnish  to  the  Board 
of  Regents  to  be  by  it  transmitted  to  the  State  Superintendent  of 
Tublic  Instruction,  an  abstract  of  which  shall  contain  full  accounts 
of  all  moneys  received  and  disbursed  by  the  school  during  the  pre- 
ceding year,  stating  from  what  source  received  and  on  what  account 
paid  out  and  the  amount  paid  to  each  professor,  teacher  or  other 
officer  of  the  school,  and  on  or  before  the  second  Monday  in  Jan- 
uary, one  thousand  nine  hundred  and  eight  and  every  two  years 
thereafter  said  treasurer  shall  also  report  to  the  Board  of  Regents, 
to  be  by  it  transmitted  to  the  Gener'al  Assembly  an  itemized  state- 
ment of  ail  receipts  and  expenditures  for  the  two  calendar  years 
preceding,  showing  minutely  all  disbursements  of  moneys  received 
from  the  State  or  other  sources.  The  compensation  of  the  treasurer 
shall  be  fixed  by  the  Board  of  Regents. 

§  259.  (23)  Secretary  and  Duties — Compensation. — It  shall  be 
the  duty  of  the  secretary  of  the  board  to  keep  and  preserve  all 
records,  books  and  papers,  belonging  to  the  board.  He  shall  keep 
a  journal  of  the  proceedings  of  the  board,  in  which,  if  requested  by 
any  member  of  the  Board  of  Regents,  the  yeas  and  nays  on  all 
questions  shall  be  entered.  He  shall  prepare,  under  the  direction 
of  the  board,  all  reports,  estimates  and  to  execute  all  such  matters 
as  belong  to  his  office.  His  compensation  shall  be  fixed  by  the  board. 

§  260.  (24)  Payment  of  Debts. — The  respective  Board  of  Re- 
gents shall,  at  their  regular  meetings,  provide  for  the  payment  of 
any  indebtedness  of  the  school,  and  for  that  purpose  they  shall  set 
apart  all  moneys  which  may  be  derived  from  tuition  or  other  fees 
paid  by  students  to  the  payment  of:  First,  the  incidental  expenses  of 
such  school;  and,  Second,  the  p'ayment  of  such  indebtedness;  and 
until  such  indebtedness  shall  be  fully  paid  off,  no  part  of  the  fund 
derived  from  tuition  or  other  incidental  fees  shall  be  used  for  the 
payment  of  professors,  teachers  or  other  officers  or  employees  of 
such  school,  nor  shall  the  board,  until  such  indebtedness  be  fully 
paid,  make  any  contract  for  the  hire,  employment  or  payment  of 
professors,  teachers  or  other  officials,  or  employees  of  such  schools 


STATE  NORMAL  SCHOOLS.  115 

that  will  be  a  greater  sum  of  money  for  the  annual  payment  thereof 
than  the  amount  of  the  appropriation  by  the  State  for  the  support 
of  said  school  for  that  year. 

§  261.  (25)  Funds  to  be  Applied  to  Use  Intended  for  Them.— 
All  appropriations  made  by  the  General  Assembly  for  the  support 
of  Normal  Schools,  or  for  the  benefit  thereof,  and  all  grants,  gifts, 
bequests  or  donations  by  any  individual  or  corporation  for  specified 
use,  shall  be  applied  to  such  use  or  uses  and  no  other. 

§  262.  (26)  Pupils  That  Each  County  May  Send— How  Selected. 
— Each  county  in  the  State  shall  be  the  unit  of  appointment  and  each 
county  shall  be  entitled  annually  to  the  appointment  to  free  tuition 
in  the  Normal  School  of  the  district  in  which  it  is  located,  of  one 
white  pupil  for  every  five  hundred,  and  fraction  thereof,  over  two 
hundred  and  fifty,  of  white  school  children,  based  on  the  last  official 
school  census  preceding  the  appointment.  Said  pupils  so  appointed 
shall  be  chosen  as  follows:  The  Superintendent  of  Schools  in  each 
county  shall  receive,  and  register  the  names  of  all  applicants  for  ad- 
mission to  said  schools  and  shall  examine  such  applicants  at  such 
time  and  in  such  manner  as  the  Normal  Executive  Council  may 
direct,  and  the  applicants  found  to  possess  the  highest  qualifications, 
and  who  are  of  good  character,  shall  be  accepted  as  the  pupils  to 
which  said  county  is  entitled.  Said  appointment  shall  be  for  the  full 
term  of  the  prescribed  course  of  study  in  the  school,  and  any  vacancy 
in  any  county  may  be  filled  in  the  same  manner  as  provided  for 
regular  appointments.  Should  the  number  of  appointees  in  attend- 
ance during  any  term  not  reach  the  number  allowed  for  the  county, 
said  county  may  during  any  other  term  appoint  alternates,  so  that 
the  average  for  any  whole  year  from  any  county  may  equal  the  num- 
ber to  which  it  is  entitled  under  the  provisions  of  this  section.  The 
Board  of  Regents  shall  have  power,  in  case  any  pupil  so  appointed 
shall  refuse  to  sign  and  file  with  the  secretary  of  said  bo'ard  a  declara- 
tion that  he  or  she  will,  if  engagement  can  be  secured  by  reasonable 
effort,  teach  in  the  public  schools  of  this  State  not  fewer  than  two 
years  upon  an  elementary  certificate;  not  fewer  than  three  years 
upon  an  intermediate  or  advanced  certificate,  to  require  such  pupil 
to  pay  such  fees  and  tuitions  as  the  board  may  prescribe. 

§  263.  (27)  Observation  and  Practice  Work.— The  Board  of 
Regents  of  each  school  may  maintain  in  connection  with  the  said 
Normal  Schools,  a  model  and  practice  school,  under  the  supervision 
of  thoroughly  trained  teachers,  for  the  purpose  of  giving  observation 
and  practice  work  to  the  student  teachers. 

§  264.  (28)  Location  of  Schools. — The  Governor  shall,  within 
thirty  days  after  this  act  becomes  a  law,  appoint  a  commission  com- 
posed of  seven  persons,  one  from  each  appellate  district  of  the  State, 
who  shall,  within  thirty  days  after  their  appointment,  meet  at  Frank- 
fort, Kentucky,  on  a  date  fixed  by  the  Governor,  and  organize  and 


116  KENTUCKY   SCHOOL  LAWS  1916. 

arrange  to  receive  from  those  localities  in  Kentucky  desiring  to 
secure  the  location  of  said  schools,  proposals  for  donation  of  suit- 
able sites  and  other  valuable  considerations,  and  shall,  within  ninety 
days  after  their  appointment,  locate  the  said  schools  in  said  Normal 
School  Districts  at  the  place  making  the  most  advantageous  offers, 
all  things  considered.  All  proposals  for  sites  or  locations  for  the 
schools  shall  be  in  writing,  and  shall  be  entered  at  large  on  the 
records  of  the  commission,  and  the  findings  of  the  commission  fix- 
ing the  locations  shall  be  in  writing  and  entered  at  large  on  the 
records  of  the  said  commission.  Provided,  That  no  town  or  city 
shall  be  selected  for  the  location  of  said  school  which  does  not  have 
facilities  for  a  good  water  supply  and  other  conveniences  necessary 
for  the  institution. 

§  265.  (29)  Appropriation.— In  order  to  enable  the  Boards  of 
Regents  to  carry  into  effect  the  provisions  of  the  act,  there  is  hereby 
appropriated  the  sum  of  ten  thousand  dollars  ($10,000.00)  to  be 
divided  equally  between  the  two  normal  schools  herein  provided  for, 
for  the  purpose  of  equipping  suitable  buildings,  improving  grounds, 
etc.,  and  the  sum  of  forty  thousand  dollars  ($40,000.00)  annually  to 
be  divided  equally  between  the  two  schools  for  the  purpose  of  de- 
fraying the  salaries  of  teachers  and  other  current  expenses;  Pro- 
vided, That  the  latter  'appropriation  shall  not  become  effective  for 
any  school  until  the  buildings  have  been  equipped  and  the  school 
regularly  opened. 

§  266.  (30)  Payment  of  Appropriation. — The  money  hereby  ap- 
propriated for  equipment  shall  be  available  immediately  for  each  of 
said  Normal  Schools  upon  the  delivery  of  a  good  general  warranty 
deed,  conveying  to  the  Commonwealth  the  property  to  be  donated 
as  above  provided,  and  its  acceptance  by  the  locating  commission. 
The  money  appropriated  under  this  act  for  equipment  and  mainte- 
nance of  the  schools  shall  be  disbursed  as  follows,  viz.:  The  chair- 
man and  secretary  of  the  Board  of  Regents  shall  draw  their  warrants 
for  the  equipment  and  maintenance  of  each  school  provided  for 
under  this  act  on  the  Auditor  of  Public  Accounts,  payable  to  the 
treasurer  of  each  Norm'al  School,  and  upon  receipt  of  said  draft  by 
the  Auditor,  he  shall  draw  his  warrant  for  the  proper  amount  upon 
the  Treasurer  of  the  State.  The  money  authorized  to  be  paid  out 
of  the  State  treasury  under  this  act  shall  be  paid  out  of  the  general 
funds  not  otherwise  appropriated. 

§  267.  (31)  Regents  May  Purchase  and  Sell  Real  Estate.— The 
Board  of  Regents  of  each  of  said  Normal  Schools  is  vested  with 
power  to  purchase  additional  real  estate  when  in  its  judgment  the 
same  is  necessary  for  the  purposes  of  the  school.  If  the  Board  of 
Regents  be  unable  to  agree  with  the  owner  or  owners  of  such  real 
estate  as  to  its  value,  or  to  purchase  the  s'ame,  it  may  proceed  in  its 
own  name,  in  any  court  having  jurisdiction,  to  condemn  such  real 


STATE  NORMAL  SCHOOLS.  117 

estate  in  the  same  manner  as  provided  by  law  in  the  condemnation 
of  lands  for  railroad  purposes.  Real  estate  acquired  by  purchase  or 
condemnation  shall  be  paid  out  of  moneys  appropriated  to  said 
school.  Each  Board  cf  Regents  may,  on  such  terms  as  it  may  regard 
best  for  the  school,  lease  or  donate  a  lot  of  land  for  the  purpose  of 
securing  the  erection  of  a  library  thereon;  each  board  may  also  erect 
or  lease  from  another  for  a  term  of  years  any  necessary  buildings 
or  grounds.  Each  Board  of  Regents  may,  when  it  regards  the  same 
to  be  best  for  its  school,  sell  and  convey  'any  real  estate  or  build- 
ings now  owned  by  it,  but  the  proceeds  arising  from  such  sale  must 
be  reinvested  in  other  real  estate  and  buildings  for  the  use  of  said 
school. 

§  268.  Students— Certificates  to  Teach— How  Obtain.— That 
students  while  in  good  faith  attending  a  State  Normal  School 
may  be  examined  for  county  teachers'  certificate  by  a  board  of 
examiners  to  be  selected  and  appointed  by  the  superintendent  of  the 
county  in  which  such  Normal  School  is  located,  said  board  to  have 
the  same  qualifications  as  the  regular  county  examiner,  and  on  the 
dates  provided  in  the  common  school  law  for  examination  of  teach- 
ers. If  such  Normal  students  are  of  age  and  character  required  by 
law  in  the  case  of  other  candidates  for  county  certificates,  the  County 
Superintendent  of  the  county  in  which  the  Normal  School  they  are 
attending  is  located  shall  admit  them  to  examination  'and  shall  col- 
lect from  each  the  legal  fee  of  $1.00  and  in  addition  thereto  $1.00, 
which  latter  is  to  be  used  in  defraying  the  expenses  of  holding  the 
examination  and  in  transmitting  the  examination  papers  as  herein 
provided. 

At  the  close  of  the  examination  the  County  Superintendent  shall 
transmit  by  registered  mail  or  express  the  examination  papers  of 
each  student  candidate,  together  with  the  legal  fee,  to  the  County 
Superintendent  of  the  county  from  which  said  candidate  desires  his 
certificate  issued. 

The  County  Board  of  Examiners  shall  canvass  the  papers  sent 
to  them  as  'above  provided,  and  shall  issue  county  certificates  upon 
them,  upon  the  same  terms  and  conditions  as  in  case  of  candidates 
appearing  in  person  for  examination,  and  as  is  now  or  may  here- 
after be  provided  by  law. 

§  269.  (32)  (2)  $150,000  Appropriated  for  Eastern  Normal 
School. — That  the  sum  of  one  hundred  and  fifty  thousand  dollars, 
or  so  much  thereof  as  may  be  necessary,  be,  and  the  same  is,  hereby 
appropriated  for  the  benefit  of  Eastern  Kentucky  State  Normal 
School,  Richmond,  Kentucky,  for  the  erection  and  equipment  of  a 
suitable  dormitory  for  the  accommodation  of  the  male  students;  also 
for  the  erection  and  equipment  of  an  addition  to  the  dormitory  for 
the  accommodation  of  the  female  students;  also  for  the  erection  and 
equipment  of  a  model  school  building;  also  for  the  erection  and 


118  KENTUCKY   SCHOOL  LAWS  1916. 

equipment  of  a  practice  school  building;  also  for  the  erection  and 
equipment  of  an  administration  building;  also  for  the  erection  and 
equipment  of  a  central  heating  plant,  and  for  the  necessary  repair 
and  equipment  of  the  present  buildings  of  said  institutions. 

All  of  said  buildings  shall  be  erected  upon  the  grounds  owned 
by  said  institution,  or  upon  grounds  that  may  be  acquired  by  pur- 
chase by  the  Bo'ard  of  Regents  of  said  institution.  If,  in  the  judg- 
ment of  said  Board  of  Regents,  the  purchase  of  additional  grounds 
may  be  necessary  for  the  accommodation  of  the  new  buildings  herein 
contemplated  or  for  the  proper  conducting  of  said  school,  they  may 
make  such  necessary  purchase  and  pay  for  the  same  out  of  the 
money  hereby  appropriated. 

The  title  to  such  real  estate  shall  be  made  to  and  held  by  the 
Commonwealth  of  Kentucky  for  the  use  and  benefit  of  said  school. 

The  said  Board  of  Regents  is  vested  with  a  sound  discretion  as 
to  the  order  of  construction,  and  as  to  the  location  of  the  improve- 
ments herein  set  forth,  or  in  giving  preference  to  such  other  improve- 
ments as  will  best  promote  the  interest  of  the  schools;  Provided,  the 
total  expenditure  shall  not  exceed  the  amount  herein  appropriated. 
The  said  Board  of  Regents  shall  appoint  a  competent  architect  or 
architects  to  prepare,  under  their  direction,  plans  and  specifications 
for  the  buildings  aforesaid,  and  shall  contract  with  responsible  part- 
ies for  the  erection  and  equipment  of  same.  All  contracts  under  this 
act  for  material  and  labor,  or  for  the  erection  of  any  and  all  build- 
ings and  improvements  and  for  the  equipment  for  the  same  for  the 
purposes  mentioned  in  this  act,  shall  be  let  to  the  lowest  and  best 
bidder,  after  the  same  is  duly  advertised  by  notice  for  at  least  one 
month  in  a  weekly  or  semi-weekly  newspaper  published  in  the  city 
of  Richmond,  Kentucky,  which,  in  the  judgment  of  the  said  Board 
of  Regents,  has  the  largest  circulation.  The  successful  bidder  or 
bidders  in  each  case  shall  enter  bond  to  the  Commonwealth  of  Ken- 
tucky for  the  benefit  of  said  Normal  School  in  a  sum  not  less  than 
twenty-five  per  cent  of  the  contract  price  or  sum  for  the  completion 
of  the  work  in  the  manner  and  within  the  time  set  out  in  the  con- 
tract or  contracts.  The  manner  and  time  shall  be  fully  and  in  de- 
tail set  out  in  said  contract.  The  money  hereby  appropriated  shall 
be  paid  to  the  treasurer  of  the  said  Normal  School  from  time  to  time, 
as  the  improvements  contemplated  in  this  act  may  require,  and  it 
shall  be  the  duty  of  the  Auditor  of  Public  Accounts  to  draw  his 
warrant  or  warrants  upon  the  Treasurer  of  the  State  in  favor  of  the 
treasurer  of  said  Normal  School  for  an  amount  or  amounts  as  the 
said  treasurer  of  said  Normal  School  may,  countersigned  by  the  State 
Superintendent  of  Public  Instruction,  certify  to  him  from  time  to 
time  is  necess'ary  and  needed  in  carrying  out  the  provisions  of  this 
act:  Provided,  however,  that  one  third  of  said  appropriation  shall  be 
due  and  payable  on  Dec.  1,  1908,  and  one-third  thereof  shall  be  due 


STATE  NORMAL  SCHOOLS.  119 

and  payable  on  July  1,  1909,  and  one-third  thereof  shall  be  due  and 
payable  on  July  1,  1910.  The  said  Board  of  Regents  shall  submit  to 
the  next  regular  session  of  the  General  Assembly  an  itemized  ac- 
count and  statement  of  the  expenditures  made  for  the  purposes  herein 
named,  which  account  and  statement  shall  be  properly  certified  and 
audited;  and  if  any  of  the  funds  hereby  appropriated  remain  unex- 
pended after  the  additions  and  improvements  to  said  Normal  School 
herein  authorized  have  been  made,  the  same  shall  be  returned  to 
the  State  Treasurer  by  the  said  Board  of  Regents. 

§  270.  (32)  (3)  $150,000.00  Dollars  Appropriated  for  Western 
Normal  School. — That  the  sum  of  one  hundred  and  fifty  thousand  dol- 
lars, or  so  much  thereof  as  may  be  necessary,  be,  and  the  same  is 
hereby  appropriated  for  the  benefit  of  the  Western  Kentucky  State 
Normal  School  Bowling  Green,  Kentucky,  for  the  erection  and  equip- 
ment of  a  suitable  dormitory  for  the  accommodation  of  male  stud- 
ents; also  for  the  erection  and  equipment  of  suitable  dormitory  for 
the  accommodation  of  female  students;  also  for  the  erection  and 
equipment  of  a  suitable  science  hall;  also  for  the  erection  and  equip- 
ment of  buildings  for  additional  class  rooms;  also  for  the  erection 
and  equipment  of  'a  building  for  library  and  laboratories;  also  for  the 
necessary  repairs  and  equipment  of  the  present  buildings  of  said  in- 
stitution. All  of  said  buildings  shall  be  erected  upon  the  grounds 
owned  by  said  institution,  or  upon  such  grounds  as  may  be  acquired 
by  purchase  by  the  Board  of  Regents  of  said  institution.  If,  in  the 
judgment  of  the  said  Board  of  Regents,  the  purchase  of  additional 
grounds  may  be  necessary  for  the  accommodation  of  the  new  build- 
ings herein  contemplated  or  for  the  proper  conducting  of  said  school, 
they  may  make  such  necessary  purchase  and  pay  for  same  out  of 
the  money  herein  appropriated.  The  title  to  such  real  estate  shall 
be  made  to,  and  held  by,  the  Commonwealth  of  Kentucky,  for  the 
use  and  benefit  of  said  school.  The  s'aid  Board  of  Regents  is  vested 
with  a  sound  discretion  as  to  the  order  of  construction  and  as  to  the 
location  of  the  improvements  herein  set  forth,  or  in  giving  prefer- 
ence to  such  other  improvements  as  will  best  promote  the  best  in- 
terests of  the  school,  provided  that  the  total  expenditure  shall  not 
exceed  the  amount  herein  appropriated.  The  said  Board  of  Regents 
shall  appoint  a  competent  architect  or  architects,  to  prepare  under 
their  direction,  plans  and  specifications  for  the  buildings  aforesaid, 
and  shall  contract  with  responsible  parties  for  the  erection  and 
equipment  of  same.  All  contracts  under  this  act  for  material  and 
labor,  or  for  the  erection  of  any  and  all  buildings  and  improvements 
and  for  the  equipment  for  the  same  for  the  purposes  mentioned  in 
this  act,  shall  be  let  to  the  lowest  and  best  bidder  after  the  same 
is  duly  advertised  for  ten  consecutive  days  in  a  daily  paper  pub- 
lished in  Bowling  Green,  Kentucky,  having  the  largest  circulation,  or 
for  four  consecutive  weeks  in  the  weekly  paper  published  in  said 


120  KENTUCKY   SCHOOL  LAWS  1916. 

city,  which,  in  the  judgment  of  the  said  Board  of  Regents  has  the 
largest  circulation.  The  successful  bidder  or  bidders  in  each  case 
dhall  enter  into  bond  with  the  Commonwealth  for  the  benefit  of  said 
Normal  School  in  a  sum  not  less  than  twenty-five  per  cent  of  the 
contract  price  or  sum  for  the  completion  of  the  work  in  the  manner 
and  within  the  time  set  out  in  tho  contract  or  contracts,  and  manner 
and  time  shall  be  fully  and  in  detail  set  out  in  said  contracts. 

§  271.  (34)  Payment  of  Appropriation — Reports  Concerning. — 
The  money  hereby  appropriated  shall  be  paid  to  the  treasurer  of 
said  Normal  School  from  time  to  time  as  the  improvements  contem- 
plated in  the  act  may  require;  and  it  shall  be  the  duty  of  the 
Auditor  of  Public  Accounts  to  draw  his  warrant  or  warrants  upon 
the  Treasurer  of  the  State  in  favor  of  the  treasurer  of  said  Normal 
School  for  an  amount  or  amounts  as  said  treasurer  of  said  Normal 
School  may,  countersigned  by  the  State  Superintendent  of  Public 
Instruction,  certify  to  him  from  time  to  time  is  necessary  and  needed 
in  carrying  out  the  provisions  of  this  act;  provided,  however,  that 
one-third  of  said  appropriation  shall  be  due  'and  payable  on  Decem- 
ber 1st,  1908,  one-third  thereof  shall  be  due  and  payable  on  July  1st, 

1909,  and  one-third   thereof   shall   be   due  and   payable  on  July  1st, 

1910.  The  said  Board  of  Regents   shall  submit  to  the  next  regular 
session  of  the  General  Assembly  an  itemized  account  'and  statement 
of  the  expenditures  made  for  the  purpose  herein  named,  which  ac- 
count and  statement  shall  be  properly  certified  and  audited,   and  if 
any  of  the  funds  hereby  appropriated  remain  unexpended  after  addi- 
tions and  improvements  to   said   Norm'al    School     herein   authorized 
have  been  made,  the  same  shall  be  returned  to  the  State  Treasurer 
by  the  said  Board  of  Regents. 

§  272.  (35)  $20,000.00  Annual  Appropriation  for  Eastern  School. 
—That  the  additional  sum  of  twenty  thousand  dollars  is  hereby  ap- 
propriated for  the  current  fisc'al  year  and  for  each  succeeding  year 
for  the  benefit  of  the  Eastern  Kentucky  State  Normal  School,  and  the 
same  is  directed  to  be  paid  by  the  Treasurer  of  the  State  to  the 
treasurer  of  the  said  Eastern  Kentucky  State  Normal  School  upon 
warrant  or  warrants  issued  by  the  Auditor  of  Public  Accounts,  who 
is  hereby  directed  to  draw  and  issue  s'aid  warrants  for  the  purpose 
aforesaid. 

§  282.  (36)  $30,000.00  Annual  Appropriation  for  Western 
School. — That  the  additional  sum  of  thirty  thousand  dollars  is  hereby 
appropriated  for  the  current  fiscal  year  and  for  each  succeeding  year 
for  the  benefit  of  the  Western  Kentucky  State  Normal  School,  and 
the  same  is  hereby  directed  to  be  paid  annually  by  the  Treasurer  of 
the  State  to  the  treasurer  of  the  said  Western  Normal  School  upon 
warrant  or  warrants  issued  by  the  Auditor  of  Public  Accounts,  who 
is  hereby  directed  to  draw  and  issue  said  warrants,  fqr  tbe  purpose 
aforesaid. 


STATE  NORMAL  SCHOOLS.  121 

§  283.  (§  4535b-l.  Ky.  St.)  Appropriation  for  Normal  School 
and  State  University — Penalty  for  Creating  Debts  in  Excess  of. — In 
order  to  provide  additional  income  to  meet  the  additional  annual  ex- 
penditure of  each  of  said  institutions  respectively:  That  the  additional 
sum  of  fifty  thousand  dollars  is  hereby  appropriated  for  the  current  offi- 
cial year  and  for  each  succeeding  year  for  the  benefit  of  the  State  Uni- 
versity, Lexington,  Kentucky,  a  necessary  part  of  which  shall  be  used 
to  meet  as  far  as  possible  the  pressing  demands  for  agricultural  instruc- 
tion and  instruction  in  domestic  science,  in  the  agricultural  college 
of  said  university,  and  the  same  is  directed  to  be  paid  by  the  Treas- 
urer of  the  State  to  the  treasurer  of  said  university,  upon  warrant 
or  warrants  issued  by  the  Auditor  of  Public  Accounts,  who  is  hereby 
directed  to  draw  and  issue  said  warrants  for  the  purpose  aforesaid. 

§  284.  (§  4535b)  Appropriation  of  $35,000.00  for  Eastern  Nor- 
mal School.— The  additional  sum  of  thirty-five  thousand  dollars  is 
hereby  appropriated  for  the  current  fisc'al  year,  and  for  each  suc- 
ceeding year  for  the  benefit  of  the  Eastern  Kentucky  State  Normal 
School,  a  necessary  part  of  which  appropriation  shall  be  used  to  meet 
as  far  as  possible,  the  pressing  demands  for  agricultural  instruction, 
for  instruction  in  household  economics  and  for  manual  training  in 
the  respective  departments  of  said  institution,  and  the  same  is 
directed  to  be  paid  by  the  Treasurer  of  the  State  to  the  treasurer 
of  the  said  Kentucky  State  Normal  School,  upon  warrant  or  war- 
rants issued  by  the  Auditor  of  Public  Accounts,  who  is  hereby  di- 
rected to  draw  and  issue  said  warrant  for  the  purpose  aforesaid. 

§  285.  (§  4535b  Ky.  St.)  Appropriation  of  $25,000.00  for  West- 
ern Normal  School. — That  the  additional  sum  of  twenty-five  thousand 
dollars  is  hereby  appropriated  for  the  current  fiscal  year  and  for 
each  succeeding  year  for  the  benefit  of  the  Western  Kentucky  State 
Normal  School,  a  necessary  part  of  which  appropriation  can  be  used 
to  meet  as  far  as  possible  the  pressing  demands  for  agricultural  in- 
struction, for  instructions  in  household  economics  and  for  manual 
training  in  the  respective  departments  of  said  institution,  and  the 
same  is  directed  to  be  paid  by  the  Treasurer  of  the  State  to  the 
treasurer  of  the  said  Western  Kentucky  State  Normal  School,  upon 
warrant  or  warrants  issued  by  the  Auditor  of  Public  Accounts,  who 
is  hereby  directed  to  draw  and  issue  said  warrants  for  the  purpose 
aforesaid. 

(1)  The  Board  of  Regents  of    the    Western    Normal     School    is 
hereby  authorized  and  empowered  to  pay  the  bond  lor  $5,000.00  fall- 
ing due  in  1916  and  the  bond  falling  due  in  1917,  which  bonds  were 
executed   pursuant   to   the   provisions   of   the   act   of   1912,   and   said 
two  bonds  shall  be  paid  out  of  the  annual  appropriation  heretofore 
made  for  the  support  and  maintenance  of  said  school. 

(2)  When  the  bond  executed  pursuant  to  the  aforesaid  act  falls 
due   in  the   year   1918,    the    Auditor    of   Public  Accounts    is  hereby 


122  KENTUCKY   SCHOOL  LAWS  1916. 

authorized  to  draw  his  warrant  in  favor  of  said  Western  Normal 
School  for  said  sum  as  well  as  for  the  interest  on  the  whole  of  said 
indebtedness,  and  each  year  thereafter  the  Auditor  is  authorized  to 
draw  his  warrant  for  a  like  sum  until  the  full  amount  of  said  in- 
debtedness shall  have  been  p'aid  to  said  Western  Normal  School,  but 
the  money  thus  paid  to  said  Western  Normal  School  shall  be  used 
for  no  purpose  other  than  to  discharge  said  indebtedness  or  to  repay 
said  school  or  any  person  who  has  discharged  any  part  of  said  in- 
debtedness prior  to  the  passage  of  this  act;  provided,  however,  that 
the  total  amount  paid  under  the  provisions  of  this  act  and  under  the 
provisions  of  the  act  of  1912  shall  not  exceed  the  amount  of  said 
indebtedness,  including  the  interest  thereon. 

§  286.  (§  4535b-l  Ky.  St.)  Obligations  Not  to  be  Contracted- 
Penalties. — That  it  shall  be  illegal  for  any  officer,  trustees  or  any 
person  in  any  way  connected  with  the  Eastern  Kentucky  State  Nor- 
mal School,  the  Western  Kentucky  State  Normal  School  or  the  State 
University  of  Lexington,  Kentucky,  to  contract  any  obligation  for  or 
on  behalf  of  said  institution,  when  there  is  no  money,  or  sufficient 
money,  in  their  respective  treasuries  or  has  been  no  money  appro- 
priated for  the  purpose  for  which  said  contract  or  obligation  was 
made,  and  that  any  of  the  said  persons  who  fail  to  comply  with 
this  law,  shall  be  fined  in  each  case,  not  less  than  two  hundred  and 
fifty  dollars,  nor  more  than  two  thousand  dollars,  or  confined  not 
less  than  ten  days  in  jail  nor  more  than  six  months,  or  both  so  fined 
and  imprisoned. 

§  287.  (§  4535c  Ky.  St.)  Title  to  Real  Estate  of  Western  Normal 
School — Power  to  Borrow  Money. — That  the  title  to  all  said  real 
estate,  all  of  which  is  situated  in  Warren  County,  Kentucky,  be  and 
the  same  is  transferred  to  and  vested  in  the  corporation  known  as 
"The  Board  of  Regents  for  Normal  School  District  No.  2;"  and  that 
the  said  Board  of  Regents  be  and  it  is  hereby  empowered  to  sell 
and  convey  such  part  or  parts  of  the  said  real  estate  now  owned  as 
in  its  judgment  is  not  necessary  to  the  welfare  of  said  school.  Pro- 
vided, that  no  conveyances  being  provided  for  shall  become  effective 
until  approved  by  the  Board  of  Sinking  Fund  Commissioners,  which 
approval  shall  be  endorsed  upon  said  conveyance,  and  provided  fur- 
ther, that  all  funds  realized  from  any  sale  authorized  herein  shall  be 
applied  to  the  payment  of  the  indebtedness  as  exists  against  said 
Western  Normal  School. 

§  288.  (§  4535c  Ky.  St.)  Mor.ey  May  be  Borrowed.— And  it  is  also 
authorized  and  empowered  to  borrow  a  sum  of  money  sufficient  to 
meet  and  pay  said  deficit  or  debt  arising  by  reason  of  the  erection 
of  said  buildings  and  improvements  and  otherwise,  and  to  execute 
its  notes  or  bonds  for  the  amount  or  amounts  so  borrowed  and  to 
secure  the  payment  of  such  notes  or  bonds,  said  board  is  hereby 
authorized  and  empowered  to  execute  a  mortgage  upon  any  or  all 


STATE  NORMAL  SCHOOLS.  123 

of  said  real  estate;  and  is  further  authorized  and  empowered  to  bor- 
row said  money  upon  such  time  or  terms  as  it  may  deem  best  for 
said  school,  but  the  rate  of  interest  paid  upon  any  such  loans  shall 
not  exceed  six  per  cent  per  annum,  which  interest  shall  be  paid  as 
the  same  falls  due  by  the  Commonwealth  of  Kentucky. 

§  289.  (§  4535c  Ky.  St.)  Interest  Paid  by  State  Auditor.— The 
chairman  and  secretary  of  said  Board  of  Regents  shall  draw  their 
warrants  for  s'aid  interest  installments  as  they  fall  due  on  the 
Auditor  of  Public  Accounts,  payable  to  the  treasurer  of  said  school, 
and  upon  receipt  of  said  draft  by  the  Auditor,  he  shall  draw  his  war- 
rant for  the  proper  amount  upon  the  Treasurer  of  the  State. 

The  money  authorized  to  be  paid  out  of  the  State  Treasury  by 
this  act  shall  be  paid  out  of  the  general  funds  not  otherwise  appro- 
priated. 


CHAPTER  XXIII. 


STATE  NORMAL  SCHOOL  FOR  COLORED  PERSONS. 

§  290.  (§  4527  Ky.  St.)  Trustees — Appointment — Term  of  Office 
— Powers — Vacancies — Treasurer. — The  State  Normal  School  for 
Colored  Persons,  established  by  an  act  of  the  General  Assembly,  ap- 
proved May  eighteenth,  one  thousand  eight  hundred  and  eighty-six, 
shall  hereafter  be  under  the  control  and  supervision  of  a  board  of 
trustees,  composed  of  the  Superintendent  of  Public  Instruction,  who 
shall  be  ex-officio  chairman  of  the  board,  and  three  intelligent  and 
discreet  persons,  residents  of  Franklin  County,  to  be  appointed  by 
the  Governor  subject  to  the  approval  of  the  Senate,  who  are  hereby 
constituted  a  body  corporate,  with  power  to  sue  and  be  sued,  plead 
and  be  impleaded,  and  to  hold  in  trust  all  funds  and  property  now 
owned  by  said  school,  or  which  may  hereafter  be  provided  for  it,  and 
shall  be  known  and  designated  as  "The  Board  of  Trustees  of  the 
Kentucky  State  Normal  School  for  Colored  Persons."  The  term  of 
office  for  the  three  members  appointed  by  the  Governor  shall  begin 
on  the  first  day  of  July,  one  thousand  eight  hundred  and  ninety-three, 
and  one  member  thereof  shall  retire  as  may  be  determined  by  lot, 
at  the  end  of  one  year  thereafter;  one  in  two  years,  and  the  other 
in  three  years;  their  successor  shall  be  appointed  by  the  Governor 
for  a  term  of  three  ye'ars;  they  shall  be  subject  to  removal  by  the 
Governor  for  cause,  and  he  is  authorized  to  fill  all  vacancies  occur- 
ring by  death,  resignation  or  otherwise.  Said  board  shall  adopt  such 
rules  for  the  government  of  said  school,  not  inconsistent  with  law, 
as  they  deem  proper,  and  shall  supervise  all  its  interests,  provide  for 
all  its  wants,  confer  weekly  with  the  faculty,  and  require  formal  re- 
ports of  the  actual  condition  of  the  school  in  every  regard.  They 
shall  biennially,  beginning  on  the  first  day  of  July,  1893,  elect  some 
suitable  person  outside  of  their  own  number  as  treasurer,  who,  be- 
fore entering  on  his  duty,  shall  give  in  bond  such  a  sum  as  they  may 
prescribe,  and  they  shall  agree  with  him  as  to  compensation:  Provided, 
That  in  ncr-case  shall  such  compensation  exceed  one  hundred  dol- 
lars per  annum. 

§  291.  (§  4528  Ky.  St.)  Department  of  Agriculture  and  Me- 
chanics — Fund  for. — There  shall  be  maintained  in  said  institution  a 
department  for  the  education  of  colored  students  in  agriculture  and 
the  mechanical  arts,  and  for  s'aid  purposes  said  board  shall  be  en- 
titled to  receive  an  equitable  division  of  the  moneys  arising  from 
the  sale  of  public  lands,  and  appropriated  to  the  State  of  Kentucky 


STATE  NORMAL  SCHOOL  FOR  COLORED  PERSONS.    125 

by  an  act  of  Congress,  approved  August  30,  1890,  entitled  "An  Act 
to  apply  a  portion  of  the  proceeds  of  public  lands  to  the  more  com- 
plete endowment  and  support  of  the  college  for  the  benefit  of  'agri- 
culture and  the  mechanic  arts,  established  under  the  provisions  of 
an  act  of  Congress." 

§  292.  (§  4529  Ky.  St.)  Trustees — Powers  Concerning  Studies 
— Instructors  and  Teachers. — Said  board  shall  prescribe  the  course 
of  study  for  the  said  Normal  School;  shall  select  the  instructors  and 
fix  their  salaries,  ami  shall  determine  the  conditions,  subject  to  the 
limitations  hereinafter  specified,  on  which  pupils  shall  be  admitted 
to  the  privileges  of  the  school. 

§  293.  (§  4530  Ky.  St.)  Pupils  —  Terms  of  Admission.— Any 
pupil  to  gain  admission  to  the  privileges  of  instruction  in  said  Nor- 
mal School  shall  be  at  least  sixteen  years  of  age,  possess  good 
health,  satisfactory  evidence  of  good  moral  character,  and  sign  a 
written  pledge,  to  be  filed  with  the  principal,  that  said  'applicant  will, 
as  far  as  practicable,  teach  in  the  common  schools  of  Kentucky  a 
period  equal  to  twice  the  time  spent  as  a  pupil  in  said  Normal 
School,  together  with  such  other  conditions  as  the  board  may  from 
time  to  time  impose,  but  no  such  pledge  shall  be  required  of  the 
pupils  who  matriculate  in  the  departments  of  agriculture  or  me- 
chanics. 

§  294.  (§  4531  Ky.  St.)  Tuition — When  Free  to  Pupils. — Tuition 
in  said  Normal  School  shall  be  free  to  all  colored  residents  of  Ken- 
tucky who  fulfill  the  conditions  as  set  forth  in  the  preceding  sec- 
tion, and  such  other  conditions  as  the  board  may  require.  The 
board  shall  fix  the  rate  of  tuition  and  the  conditions  on  which  pupils, 
who  are  not  residents  of  Kentucky,  may  be  admitted  to  the  privi- 
leges of  said  Normal  School. 

§  295.  (§  4532  Ky.  St.)  Sectarian  Teaching  Forbidden.— No 
religious  tenets  shall  be  taught  in  said  Normal  School,  but  a  high 
standard  of  Christian  morality  shall  be  observed  in  its  management, 
and,  so  far  as  practicable,  shall  be  inculcated  in  the  minds  of  the 
pupils. 

§  296.  (§  4533  Ky.  St.)  Trustees  to  Visit  School— jReports  by — 
To  Legislature. — The  bo'ard  shall,  in  a  body  or  by  a  majority  of 
their  number,  visit  said  Normal  School  once  during  each  session, 
witness  the  exercises,  and  otherwise  inspect  the  condition  of  said 
school,  and  they  shall  make  a  biennial  report  to  the  legislature,  set- 
ting forth  the  financial  and  scholastic  condition  of  said  Normal 
School,  making  such  suggestions  as  in  their  opinion  would  improve 
the  s'ame,  and  in  the  years  in  which  there  is  no  session  of  the  legis- 
lature, they  shall  make  their  report  to  the  Governor. 

§  297.  (§  4534  Ky.  St.)  Appropriation  for— Payment  of.— The 
sum  of  $3,000.00  shall  be  annually  appropriated  out  of  the  State 
treasury  to  pay  the  teachers  and  defray  other  necessary  expenses 
in  the  maintenance  of  said  Normal  School,  which  amount,  together 


126  KENTUCKY  SCHOOL  LAWS  1916. 

with  the  sum  received  under  the  provisions  of  said  act  of  Congress, 
shall  be  set  apart  and  be  known  and  held  as  the  Colored  Normal 
School  Fund.  This  fund  shall  be  paid  out  of  the  State  treasury  only 
on  the  warrant  of  the  Auditor,  drawn  on  the  order  of  the  board. 

§  298.  (§  4535  Ky.  St.)  Certificates  and  Diplomas  May  be 
Granted  by  the  Board. — The  board  is  authorized  to  grant,  from  time 
to  time,  certificates  of  proficiency  to  such  pupils  as  shall  have  com- 
pleted the  prescribed  course  of  study  in  any  department  of  the  in- 
stitution, and  whose  moral  character  and  disciplinary  relations  to 
said  school  shall  be  Satisfactory.  And  such  teachers  as  shall  have 
completed  the  prescribed  course  of  study  in  the  Normal  department, 
and  exhibited  satisfactory  evidence  of  ability  to  instruct  and  man- 
age a  school,  shall  be  entitled  to  diplomas  appropriate  to  such  de- 
grees as  the  board  shall  confer  upon  them,  which  diplomas  shall 
entitle  them  to  teach  in  any  of  the  colored  common  schools  of  this 
State. 

DECISION  OF  THE  COURT  OF  APPEALS. 

The  fact  that  a  pupil  may  hold  a  valid  diploma  will  not 
justify  the  superintendent  in  refusing:  tc  sign  it,  for  he  owes 
that  duty.  He  is  a  member  of  the  governing-  board,  and  is 
bound  by  ths  action  of  a  majority  cf  .its  members.— State 
Superintendent  v.  Reid,  165  Ky.,  613. 

§  299.  (§  4527a  Ky.  St.)  Name  of  School—President  and 
Powers. — The  name  ol  the  State  Normal  School  for  Colored  Persons 
is  hereby  changed  to  that  of  "The  Kentucky  Normal  and  Industrial 
Institute  for  Colored  Persons,"  and  its  board  and  trustees  shall  be 
known  as  "The  Board  of  Trustees  of  the  Kentucky  Normal  and  In- 
dustrial Institute  for  Colored  Persons."  The  presiding  officer  of  the 
institute,  who  shall  be  selected  by  the  board  of  trustees,  shall  be 
styled  the  "President  of  the  Institute,"  and  shall  be  the  chief  ad- 
ministrative officer  of  the  institution  under  the  control  of  the  board 
of  trustees,  and  be  ex-officio  a  member  of  the  board  of  trustees,  and 
hold  his  office  indefinitely,  at  the  will  of  the  s'aid  board,  but  the 
superintendent  shall  have  no  vote  in  his  own  election  or  retention 
in  office. 

§  300.  (§  4534a  Ky.  St.)  $15,000.00  Appropriated  for  Dormi- 
tory.— The  sum  of  fifteen  thousand  dollars  is  hereby  appropriated  for 
the  purpose  of  building  a  dormitory  for  the  use  of  the  female  pupils 
of  the  State  Normal  School  for  Colored  Persons,  to  be  paid  by  the 
Auditor  of  Public  Accounts  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  on  the  written  order  of  the  chairman  of  the 
bo'ard  of  trustees,  as  the  work  progresses. 

§  301.  (§  4534a  Ky.  St.)  $5,000.00  Appropriated  for  Support.— 
The  further  sum  of  five  thousand  dollars  annually  is  hereby  appro- 
priated for  the  support  and  conduct  of  said  institution,  to  be  paid 
by  the  Auditor  of  Public  Accounts  out  of  any  money  in  the  treasury 


STATE  NORMAL  SCHOOL  FOR  COLORED  PERSONS.    127 

not  otherwise  appropriated,  on  the  written  order  of  the  chairman 
of  the  board  of  trustees  at  the  same  time  the  other  annual  appro- 
priation is  paid. 

§  302.  (§  4534a  Ky.  St.)  Twenty  Thousand  Dollars  Appro- 
priated.— The  sum  of  twenty  thousand  dollars  is  hereby  appropriated 
for  the  Kentucky  Normal  and  Industrial  Institute  for  Colored  Persons 
from  any  funds  in  the  treasury  not  otherwise  appropriated,  for  the 
'accomplishment  of  the  aforementioned  purposes,  to-wit:  The  com- 
pletion of  a  girls'  dormitory  with  satisfactory  and  economical  plan 
of  heating  and  lighting;  the  providing  of  water  for  ordinary  use  and 
for  fire  protection;  the  providing  for  industrial  training  to  the  end 
that  the  colored  youth  of  the  Commonwealth  may  be  trained  into  in- 
dustrious habits  and  useful  trades,  as  the  trustees  of  the  institution 
may,  in  their  wisdom,  decide  best  and  most  practical. 

§  303.  $40,000.00  Appropriated  for  Buildings,  &c. — The  sum  of 
forty  thousand  dollars,  or  as  much  as  may  be  necessary  thereof,  be, 
and  the  same  is  hereby  appropriated  for  the  benefit  of  the  Kentucky 
Normal  and  Industrial  Institute  for  Colored  Persons,  Frankfort,  Ken- 
tucky, for  the  purpose  of  paying  the  outstanding  indebtedness  here- 
tofore incurred  in  the  purchase  of  agricultural  lands;  also  for  the 
erection  and  equipment  of  an  auditorium  and  practice  school;  also 
for  the  erection  and  equipment  of  a  mechanical  shop;  also  for  the 
erection  and  equipment  of  electric  light  and  heating  plants,  and  for 
the  further  extension  of  the  water  system  of  said  institution. 

§  304.  Additional  Grounds  May  be  Purchased. — If,  in  the  judg- 
ment of  the  said  board  of  trustees,  the  purchase  of  additional  grounds 
may  be  necessary  for  the  accommodation  of  the  new  buildings  herein 
contemplated  or  for  the  proper  conducting  of  said  institution,  they 
may  make  necessary  purchase  'and  pay  for  the  same  out  of  the  money 
herein  appropriated. 

§  305.  Appropriation  for  Buildings  $6,800.00 — Annual  Appropria- 
tion $43,000.00. — That  there  is  hereby  appropriated  out  of  the  general 
revenue  of  the  State  for  the  benefit  of  the  Kentucky  Normal  and  In- 
dustrial Institute  for  Colored  Persons  at  Frankfort,  Kentucky,  the 
following  named  sums  for  the  specific  purposes  named  and  set  out 
herein,  as  follows:  For  the  purpose  of  heating  the  administration 
buildings  and  purchasing  appropriate  apparatus  for  same,  the  sum 
of  four  thousand  dollars  ($4,000.00)  is  hereby  appropriated.  For  the 
purpose  of  seating  the  auditorium  in  the  administration  building,  the 
sum  of  sixteen  hundred  dollars  ($1,600.00)  is  hereby  appropriated. 
For  the  purpose  of  furnishing  the  President's  offices,  the  sum  of 
two  hundred  dollars  ($200.00)  is  hereby  appropriated.  For  the  pur- 
pose of  furnishing  and  equipping  the  sewing  department,  the  sum 
of  one  hundred  dollars  ($100.00)  is  hereby  appropriated.  For  the 
purpose  of  furnishing  and  equipping  the  cooking  department,  the 
sum  of  one  hundred  and  fifty  dollars  ($150.00)  is  hereby  appro- 
priated. For  the  purpose  of  furnishing  and  equipping  one  room  for 


128  KENTUCKY   SCHOOL  LAWS   1916. 

the  model  school,  the  sum  of  fifty  dollars  ($50.00)  is  hereby  appro- 
priated. For  the  purpose  of  equipping  the  printing  department,  the 
sum  of  two  hundred  dollars  ($200.00)  is  hereby  appropriated.  For  the 
purpose  of  equipping  the  mechanical  department,  the  sum  of  two 
hundred  dollars  ($200.00)  is  hereby  appropriated.  For  the  purpose 
of  equipping  the  agricultural  department  the  sum  of  two  hundred 
dollars  ($200.00)  is  hereby  appropriated.  For  the  purpose  of  equip- 
ping the  library,  the  sum  of  one  hundred  dollars  ($100.00)  is  hereby 
appropriated.  Whereas,  there  are  now  valuable  buildings,  equipment 
and  other  property  without  any  maintenance  fund  for  the  care, 
growth  and  development  of  the  institution,  the  sum  of  three  thou- 
sand dollars  ($3,000.00)  is  hereby  annually  appropriated  for  this  pur- 
pose. 

§  306.  (§  4534b  Ky.  St.)  Appropriation  of  $17,500.00  for  Ken- 
tucky Normal  and  Industrial  Institute. — That  the  sum  of  seventeen 
thousand  and  five  hundred  dollars  ($17,500.00)  be  appropriated  to 
the  Kentucky  Normal  and  Industrial  Institute  for  Colored  Persons 
from  any  funds  in  the  State  Treasury  not  otherwise  appropriated  for 
the  purpose  of  settling  an  indebtedness  of  five  thousand  dollars 
($5,000.00);  providing  a  central  heating  plant,  eight  thousand  dollars 
($8,000.00);  a  laundry,  twenty-five  hundred  dollars  ($2,500.00.) 

§  307.  (§  4534b  Ky.  St.)  Annual  Appropriation  of  $2,000.00.— 
That  the  sum  of  two  thousand  dollars  ($2,000.00)  annually  be  appro- 
priated for  the  equipment  and  maintenance  of  the  training  of  students 
in  such  useful  trades  las  the  board  of  trustees  in  its  wisdom  may 
direct. 

That  the  sum  of  five  (5)  thousand  ($250.00)  dollars  be,  and  the 
same  is,  hereby  appropriated  for  this  fiscal  year,  and  for  each  suc- 
ceeding year,  out  of  any  money  not  otherwise  appropriated,  for  the 
benefit  of  the  Kentucky*  Normal  and  Industrial  Institute  for  Colored 
Persons,  Frankfort,  Kentucky,  and  the  same  is  directed  to  be  paid 
by  the  Treasurer  of  the  State  to  the  treasurer  of  the  said  Kentucky 
Normal  and  Industrial  Institute  for  Colored  Persons  upon  war- 
rant or  warrants  issued  by  the  Auditor  of  Public  Accounts,  who  is 
hereby  directed  to  draw  and  issue  said  warrant  or  warrants  for  the 
purpose  aforesaid. 


UNIVERSITY  OF  KENTUCKY.  129 

CHAPTER  XXIV. 


UNIVERSITY  OF  KENTUCKY. 

§  308.  That  the  institution  founded  under  the  land  grant  of 
eighteen  hundred  and  sixty-two  by  the  Congress  of  the  United  States 
and  known  formerly  under  the  corporate  designation  and  title  of 
"Agricultural  and  Mechanical  College  of  Kentucky"  and  afterwards 
known  and  designated  as  "The  State  University,  Lexington,  Ken- 
tucky," be  hereafter  known  and  designated  as  "University  of  Ken- 
tucky." 

That  the  government,  administration  and  control  of  the  Uni- 
versity of  Kentucky  be  and  is  hereby  vested  in  a  board  of  trustees 
constituted  and  appointed  as  follows: 

(1)  His  Excellency,  the  Governor  of  Kentucky,  who  shall  be  an 
ex  officio  chairman  thereof. 

(2)  The   Superintendent  of  Public  Instruction,  who   shall  be  an 
ex  officio  member  of  said  board. 

(3)  The  Commissioner  of  Agriculture,  Labor  and  Statistics,  who 
shall  be  an  ex  officio  member  of  said  board. 

(4)  The  President  of  the  University  of  Kentucky,  who  shall  be 
an  ex  officio  member  of  said  board. 

(5)  Fifteen  men,  discreet,  intelligent  and  prudent,  who  shall  be 
nominated  by  the  Governor  of  Kentucky  by  and  with  the  'advice  and 
consent  of  the  Senate.     They  shall  hold  office  for  six  years,  five  re- 
tiring and  five  being  appointed  at  each  regular  session  of  the  Gen- 
eral Assembly.     Said  nomination  shall  be  made  within  fifteen  days 
after  the  legislature  convenes.     Said  trustees  shall  be  appointed  and 
distributed   as   follows,   namely:    One   from   each   Congressional   Dis- 
trict  outside   of   the    Congressional   District    in   which   Lexington   is 
situated,   and  the  remainder  from  the  latter  district;    but  no  more 
than  three  trustees  shall  be  appointed  from  the  county  of  Fayette; 
provided   that   no   trustee   now   serving   under   an    appointment   pre- 
viously m'ade  shall  be  displaced  by  the  operation  of  this  act  before 
his  term  of  service  shall  have  expired. 

(6)  In  all  appointments  made  hereafter  by  the  Governor  of  the 
Commonwealth  of  Kentucky  to  the  Board  of  Trustees  of  the  Univer- 
sity of  Kentucky  other  than  those  elected  by  the  alumni,  one-fifth  of 
such  number  shall  be  appointed  from  those  who  have  attended  the 
said  university  as  students  for  at  least  two  years. 

(7)  The  seven  members  of  the  State  Bo'ard  of  Agriculture,  who 
shall  be  ex  officio  members  of  said  board. 

(8)  No  member  of  the  Board  of  Trustees  of  the  University  of 
Kentucky  shall  be  held  to  be  a  public  officer  by  reason  of  his  mem- 
bership on  said  board. 

S.  L.— 5 


130  KENTUCKY  SCHOOL  LAWS  1916. 

§  309.  Six  members  who  shall  be  alumni  of  the  university.  The 
said  six  members  of  the  board  of  trustees  of  the  university  referred 
to  in  this  subsection  shall  be  nominated  and  elected  by  ballot  by 
the  graduates  of  the  university  iand  by  those  who  have  received  de- 
grees therefrom  in  a  method  as  hereinafter  set  forth.  Provided,  that 
no  graduate  shall  be  permitted  to  vote  during  the  year  of  gradua- 
tion. The  names  of  the  persons  who  have  received  a  plurality  of 
the  votes  cast  shall  be  certified  to  the  Governor  by  way  of  recom- 
mendation for  lappomtment,  who  shall  appoint  the  persons  so  recom- 
mended as  such  additional  members  of  the  board  of  trustees  of  the 
university  and  shall  have  all  the  rights,  powers  and  privileges  that 
are  now  conferred  by  law. 

§  310.  The  nomination  and  election  of  such  additional  trustees 
held  hereunder  shall  be  held  biennially,  under  rules  and  regulations 
prescribed  by  the  board  of  trustees,  and  all  nominating  ballots  and 
all  election  ballots  shall  be  publicly  opened  on  fixed  and  published 
days.  At  least  sixty  days  shall  intervene  between  the  mailing  and 
opening  of  both  nominating  'and  election  ballots,  and  such  ballots 
shall  be  mailed  by  the  secretary  of  the  board  of  trustees,  to  each 
person  entitled  to  vote  at  his  address  as  appears  from  the  books  of 
the  university  and  except  in  the  year  nineteen  hundred  and  fourteen, 
the  date  fixed  for  elections  shall  be  the  day  before  the  regular  com- 
mencement exercises  at  the  university,  and  no  b'allot  shall  be  counted 
unless  it  is  actually  cast  by  noon  of  said  day.  In  case  of  an  equality 
of  votes  between  two  or  more  candidates,  the  person  who  shall  hold 
said  office  of  trustee  shall  be  designated  by  lot  from  the  persons 
receiving  such  equality  of  votes.  The  Governor  of  the  Common- 
wealth, upon  proper  certification  by  the  secretary  of  the  board  of 
trustees,  shall  issue  a  commission  in  the  name  of  the  Commonwealth 
to  such  additional  members  of  said  board  of  trustees. 

§  311.  On  or  before  December  first,  in  the  year  nineteen  hun- 
dred and  fourteen,  and  in  a  manner  as  provided  in  Section  two  of 
this  act  such  six  additional  members  of  the  board  of  trustees  shall 
be  nominated  and  elected  and  the  two  receiving  the  highest  num- 
ber of  votes  shall  hold  office  for  six  years;  the  two  receiving  the 
next  highest  number  of  votes  shall  hold  office  for  four  years,  and 
the  two  receiving  the  next  highest  number  of  votes  shall  hold  office 
for  two  years.  Biennially  thereafter  the  alumni  of  the  University 
of  Kentucky  shall  nominate  and  elect,  by  a  plurality  of  votes,  as 
provided  in  Section  two  of  this  act,  two  members  to  serve  for  a 
period  of  six  years:  Provided,  that  whenever  a  vacancy  occurs  from 
death,  resignation,  or  other  cause,  the  board  of  trustees  shall  ap- 
point a  graduate,  las  provided  in  Section  one  of  this  act,  until  the 
next  regular  election  when  such  vacancy  shall  be  then  filled  by  nomi- 
nation and  election  for  the  unexpired  term  in  the  manner  as  pro- 
vided in  Section  two  of  this  act. 


UNIVERSITY  OF  KENTUCKY.  131 

§  312.  The  board  of  trustees  shall  elect  an  executive  committee 
which  shall  consist  of  seven  members,  any  four  of  whom  shall  con- 
stitute a  quorum. 

§  313  The  Governor  shall  appoint  at  the  meeting  preceding  the 
annual  commencement  each  year  from  the  board  of  trustees  an  ex- 
tension committee  of  eight,  and  he  shall  by  virtue  of  his  office  be  a 
member  of  and  chairman  of  such  extension  committee.  Four  mem- 
bers of  the  extension  committee  shall  be  members  of  one  of  the 
political  parties  who  have  a  right  to  name  a  member  of  the  State 
Board  of  Election  Commissioners,  and  four  shall  be  members  of  the 
other  political  party  having  such  right.  Four  members  of  such  ex- 
tension committee  shall  be  appointed  from  the  members  of  the  State 
Board  of  Agriculture  and  four  from  the  other  members  of  the  board 
of  trustees  of  the  university.  The  extension  committee  shall  be 
charged  with  the  gener'al  administration  of  all  extension  funds  of 
the  university,  and  of  their  expenditure.  It  shall  at  each  regular 
meeting  of  the  trustees,  and  at  each  call  meeting,  if  required,  sub- 
mit to  the  board  a  complete  record  of  its  proceedings  for  the  con- 
sideration and  approval  of  the  board  of  trustees;  provided  that  the 
authority  of  the  board  of  trustees  to  revise  the  acts  of  the  exten- 
sion committee  shall  not  extend  to  the  rejection  of  any  valid  or  au- 
thenticated account  of  money  expended  by  the  said  extension  com- 
mittee. 

§  314.  Executive  Committee  to  be  Selected — Alumni  to  be  In' 
eluded. — The  board  of  trustees,  at  its  first  meeting  in  the  year  1915, 
shall  elect  an  executive  committee  which  sh'all  consist  of  seven  (7) 
members,  three  (3)  of  whom  shall  be  from  those  graduates  of  the 
university  appointed  from  the  alumni  recommendations,  and  four  (4) 
of  whom  shall  constitute  a  quorum." 

§  315.  Other  Members  of  Alumni  to  be  Selected  by  Governor.— 
In  all  appointments  made  hereafter  by  the  Governor  of  the  Com- 
monwealth of  Kentucky  to  the  board  of  trustees  of  the  University  of 
Kentucky,  other  than  those  elected  by  the  alumni,  one-fifth  (1-5)  of 
such  number  appointed  shall  be  alumni  of  the  s'aid  institution. 

§  316.  The  president  of  the  college  shall  be  ex  officio  a  member 
of  the  board  of  trustees. 

§  317.  Trustees — Powers  and  Duties — Selection  of  President  and 
Professors. — The  board  of  trustees,  when  appointed  and  qualified, 
shall  be  a  body  corporate,  under  the  corporate  name  of  the  Univer- 
sity of  Kentucky,  and  as  a  corporation  shall  have  power  to  sue  and 
be  sued,  implead  and  be  impleaded,  contract  and  be  contracted  with, 
and  possess  all  the  immunities,  rights,  privileges  and  franchises 
usually  attaching  to  the  governing  bodies  of  educational  institutions. 
They  shall  have  power  to  receive,  hold  and  administer,  on  behalf  of 
the  institution  whose  government,  administration  and  control  is 
committed  to  them,  all  revenues  accruing  from  all  existing  or  future 


132  KENTUCKY  SCHOOL  LAWS  1916. 

endowments,  appropriations  or  bequests,  by  whomsoever  made,  sub- 
ject to  the  conditions  attaching  thereto;  to  receive,  administer  and 
apply,  for  and  on  behalf  of  said  college,  all  moneys,  devises,  stocks, 
bonds,  buildings,  museums,  lands,  apparatus,  and  so  forth,  under  the 
conditions  attaching  thereto.  Said  trustees  shall  have  power  to 
determine,  from  time  to  time,  the  number  of  departments  of  study 
or  investigation  which  the  college  shall  comprise  within  the  scope 
of  the  organic  act  of  Congress,  or  acts  supplementary  thereto,  donat- 
ing land  script  for  the  endowment  of  agricultural  and  mechanical 
colleges;  the  relation  which  e'ach  department  or  group  of  depart- 
ments shall  sustain  to  each  other  and  to  the  whole;  to  devise,  allot 
and  arrange  the  distribution  of  departments  or  groups  of  depart- 
ments with  the  designation  appropriate  to  each,  and  to  devise  the 
means  required  for  their  effective  instruction,  administration  and 
government.  They  shall  have,  also,  power  to  appoint  presidents, 
professors,  assistants,  tutors  and  other  officers,  and  to  determine 
the  salaries,  duties  and  official  relations  of  each;  and  shall  provide 
for  a  definite  salary  in  money  attached  to  all  positions  created  and 
filled  by  the  Board  of  Trustees;  and  there  shall  be  no  additions 
thereto  in  the  form  of  fees,  perquisites  or  emoluments  of  any  kind 
whatever.  They  shall  have  full  power  to  suspend  or  remove  at  will 
any  of  the  officers,  teachers,  professors  or  agents  whom  they  are 
authorized  by  law  to  appoint,  and  to  do  all  other  acts  which  may  be 
needful  for  the  welfare  of  the  institution. 

§  318.  Degrees. — Said  board  of  trustees  shall  have  power  to 
grant  degrees  to  the  alumni  of  the  institution;  to  prescribe  condi- 
tions upon  which  post-graduate  honors  shall  be  obtained  by  its 
alumni  and  others,  and  to  confer  such  honorary  degrees,  upon  the 
recommendation  of  the  faculty  of  the  institution,  as  they  may  think 
proper. 

§  319.  A  majority  of  the  whole  board  shall  constitute  'a  quorum 
for  the  transaction  of  business. 

§  320.  In  the  appointment  of  presidents,  professors  or  instruc- 
tors no  preference  shall  be  shown  to  any  religious  denomination. 

§  321.  (§  4636C-4)  (20)  Trustees  to  Meet  in  Lexington — Power 
to  Appoint  Secretary  and  Treasurer — The  Executive  Committee. — 
The  board  of  trustees  shall  meet  in  Lexington  twice  each  year  in  the 
president's  room  in  the  college,  namely,  upon  the  Tuesday  preced- 
ing the  annual  commencement,  'and  upon  the  second  Tuesday  in 
December.  In  the  absence  of  the  Governor,  the  board  shall  have 
the  power  to  appoint  a  chairman  pro  tem.  They  shall  elect  annually 
a  secretary,  who  shall  keep  a  record  of  their  proceedings,  and  a 
Treasurer,  who  shall  receive  and  disburse  the  funds,  and  a  business 
agent,  who  shall  make  all  purchases  for  all  departments  of  the  col- 
lege and  attend  to  all  the  business  under  the  direction  of  the  board. 
Said  secretary  and  treasurer  and  business  agent  shall  receive  for 
their  services  a  fair  compensation;  but  the  treasurer  elected  under 


UNIVERSITY  OF  KENTUCKY.  133 

the  provisions  of  this  act  shall  not  be  a  member  of  the  board  of 
trustees  or  of  the  faculty  of  the  college,  or  otherwise  an  employe 
of  the  college  or  of  any  of  the  departments  thereof.  They  shall,  at 
each  regular  meeting,  appoint  an  executive  committee,  consisting  of 
five  of  their  number,  residing  in  or  near  Lexington,  including  a  chair- 
man thereof,  three  of  whom  shall  constitute  'a  quorum;  and  said 
committee  shall  choose  from  their  number  a  chairman  pro  tern,  to 
act  in  the  absence  of  the'  permanent  chairman.  The  executive  com- 
mittee shall  be  charged  with  the  general  administration  of  the  af- 
fairs of  the  college  under  such  bylaws  and  regulations  as  shall  be 
prescribed  by  the  board  of  trustees,  and  with  the  execution  of  meas- 
ures specially  authorized  by  the  board.  It  shall,  at  each  regular 
meeting  of  the  trustees,  and  at  each  called  meeting  if  required,  sub- 
mit to  the  board  a  complete  record  of  its  proceedings  for  the  con- 
sideration and  approval  of  the  board  of  trustees:  Provided,  That  the 
authority  of  the  board  of  trustees  to  revise  the  acts  of  the  executive 
committee  shall  not  extend  to  the  rejection  of  any  valid  or  authen- 
ticated account  of  money  expended  under  a  general  or  specific  au- 
thority granted  by  the  board  of  trustees,  and  within  the  sums  ap- 
propriated by  the  board  for  specific  or  contingent  objects  at  regular 
or  called  meetings.  The  secretary  of  the  board  of  trustees  shall  also 
be  secretary  of  the  executive  committee  and  the  custodian  of  the 
records,  and  so  forth,  of  the  board  and  of  said  committee. 

§  322.  (§  3436c-4)  (21)  Treasurer.— That  the  treasurer  of  said 
college  shall  enter  into  covenant  with  the  Commonwealth  of  Ken- 
tucky, with  one  or  more  good  sureties  bound  therein,  to  be  approved 
by  the  board  of  trustees,  conditioned  for  the  faithful  performance 
of  his  duties,  and  the  payment  of  all  money  that  shall  come  to  his 
hands  to  his  successors  in  office,  or  to  such  person  or  persons  as 
may  be  lawfully  entitled  to  receive  the  same.  Any  person  or  per- 
sons, including  the  board  of  trustees,  injured  by  any  breach  of  this 
bond,  may  maintain  in  the  Fayette  Circuit  Court  appropriate  action 
thereon.  The  said  treasurer  shall  keep  an  itemized  account  of  re- 
ceipts and  expenditures,  and  shall  pay  out  no  money  except  on  au- 
thorization of  the  board  of  trustees,  given  directly  or  through  its 
executive  committee.  He  shall  render  to  the  executive  committee 
monthly  statements  of  receipts  and  expenditures,  and  amount  on 
hand,  'and  a  full  detailed  statement,  with  vouchers,  for  the  informa- 
tion and  action  of  the  board  of  trustees  at  its  regular  annual  meet- 
ing, and  at  other  periods  when  required. 

§  323.  (§  4636C-4)  (23)  Vacancies  in  Board  of  Trustees.— In 
the  case  of  the  death,  resignation  or  refusal  to  serve  of  any  of  the 
trustees  appointed  as  members  of  the  board  on  behalf  of  the  State, 
the  remaining  trustees  shall,  at  their  first  meeting  thereafter,  have 
power  to  fill  all  vacancies  occasioned  by  such  death,  resignation  or 
refusal  to  serve;  and  the  person  or  persons  so  appointed  shall  hold 


134  KENTUCKY   SCHOOL  LAWS  1916. 

their  offices  as  trustees  during  the  natural  or  unexpired  terms  of 
the  person  or  persons  for  whom  they  are  substituted  and  appointed. 
Any  trustees  who  shall  fail  to  attend  two  consecutive  meetings  with- 
out proper  notification  to  the  secretary  of  the  reason  therefor,  shall 
hereby  vacate  his  office  of  trustee,  and  the  board  shall  fill  the 
vacancy  as  hereinbefore  provided  for. 

§  324.  (§  4636c-4)  (24)  All  necessary  expenses  incurred  by  the 
trustees  in  going  to,  returning  from,  or  while  attending  the  meetings 
of  the  board,  shall  be  met  and  discharged  out  of  the  funds  of  the 
institution. 

§  325.  (§  4636C-4)  (25)  Meeting  of  Board  of  Trustees.— That 
in  addition  to  the  regular  meetings,  called  meetings  of  the  board  of 
trustees  may  also  be  held.  The  call  for  such  meetings  must  be  in 
writing,  signed  by  three  or  more  trustees.  The  call  must  also  be 
formally  communicated  by  the  secretary  to  each  trustee  by  mail,  at 
his  postoffice  address,  at  least  fifteen  days  before  the  day  fixed  for 
the  meeting,  and  must  state  definitely  the  object  of  the  meeting; 
and  no  business  not  thus  explicitly  announced  shall  be  acted  on  at 
the  called  meeting. 

§  326.  (§  4636c-4)  (26)  Collegiate  Period.— That  the  regular 
collegiate  period  of  the  University  of  Kentucky  shall  be  four  years, 
and  only  those  students  who  pass  through  that  period  and  attain  the 
prescribed  standard  of  proficiency  in  the  regular  course  of  studies, 
or  those  who,  having  qualified  themselves  elsewhere,  shall  be  found, 
after  at  least  one  year's  attendance  in  the  college,  to  have  attained 
the  prescribed  standard  of  proficiency  in  the  regular  course  of  stud- 
ies, shall  receive  a  diploma  from  the  college. 

§  327.  (§  4636c-4)  (27)  Trustees  to  Govern  College.— That  the 
board  of  trustees  be,  and  hereby  are,  empowered  to  establish  proper 
regulations  for  government  of  the  college  and  physical  training,  mili- 
tary or  otherwise,  of  the  students,  and  to  authorize  the  suspension 
and  dismissal  of  students  for  neglect  or  violation  of  the  regulations, 
and  for  other  conduct  prejudicial  to  the  character  and  welfare  of 
the  institution. 

§  328.  (§  4636C-4)  (28)  Trustees  to  Report  to  General  As- 
sembly.— That  the  board  of  trustees  shall  make  to  the  General  As- 
sembly, within  the  first  month  of  each  regular  session,  a  full  report 
of  the  condition  and  operation  of  the  college  since  the  date  of  the 
preceding  report,  with  such  recommendations  concerning  the  col- 
lege as  may  be  deemed  necessary. 

§  329.  (§  4636c-4)  (29)  Appointment  of  Students. — In  addition 
to  the  foregoing,  teachers  or  persons  preparing  to  teach  may  b^e 
admitted  at  the  rate  of  not  more  than  four  from  each  county,  upon 
the  same  conditions,  receive  the  same  benefits,  and  have  the  same 
privileges  in  said  college  as  prescribed  in  the  preceding  section. 
These  appointments  shall  be  vested  in  the  County  Superintendents. 


UNIVERSITY  OF  KENTUCKY.  135 

Said  appointments  may  be  made  and  certified  to  the  president  of  the 
college  at  any  time  between  the  first  day  of  July  and  the  thirty-first 
day  of  December  of  each  year. 

§  330.  (§  4636C-4)  (30)  Circular  of  Information  to  County 
Superintendents.— The  president  shall,  on  or  before  the  first  day  of 
July  of  each  year,  have  printed  and  mailed  to  each  County  Superin- 
tendent of  common  schools  of  this  State  at  least  as  many  circulars 
of  information  relative  to  said  college  as  there  are  common  school 
districts  in  said  respective  counties.  Said  circulars  shall  set  forth  in 
full  the  benefits  of,  methods  of  admission  into,  and  the  probable  cost 
to  beneficiaries  of  said  college.  The  County  Superintendents  of  com- 
mon schools  shall  have  at  least  one  of  said  circulars  posted  in  the 
schoolhouse  of  each  common  school  district  in  their  respective  coun- 
ties during  the  term  of  the  free  school  thereof. 

§  331.  (§  4636c)  (30b)  (1)  $60,000.00  Appropriation  In  Agri- 
cultural and  Mechanical  College. — That  the  sum  of  sixty  thousand 
dollars,  or  so  much  as  may  be  necessary  therefor,  be  and  the  same 
is  hereby  'appropriated  for  the  purchase  of  ground  and  the  erection 
thereon  of  a  suitable  building  as  a  dormitory  for  young  women  stud- 
ents of  the  University  of  Kentucky,  and  the  equipment  and  furnish- 
ing thereof,  which  dormitory  shall  be  capable  of  lodging  and  board- 
ing comfortably  one  hundred  and  twenty-five  persons;  also,  for  the 
purpose  of  erecting  and  equipping  a  suitable  building  for  military 
instruction,  physical  culture  and  rooms  for  Young  Men's  Christian 
Association;  also,  for  the  erection  and  equipment  of  a  suitable  build- 
ing for  the  use  of  the  normal  department  and  for  the  use  of  the 
academy,  also,  for  the  erection  and  equipment  of  a  dormitory  for 
young  men  students  of  said  college;  also,  for  the  purpose  of  erect- 
ing and  furnishing  an  annex  for  the  use  of  the  engineering  depart- 
ment of  said  college. 

§  332.  (2)  $30,000.00  for  Women's  Dormitory.— Thirty  thousand 
dollars  of  the  sum  appropriated  under  Section  331  of  this  act  is 
nereby  set  apart  for  the  purchase  of  ground  and  erection  of  a  dormi- 
tory for  young  women  and  for  the  equipment  and  furnishing  of  the 
dame.  Said  building  shall  contain  the  necess'ary  bed  rooms,  water 
closets,  bath  rooms,  kitchen,  store  rooms,  hall  for  physical  culture 
with  the  necessary  conveniences  which  should  pertain  thereto.  Said 
women's  dormitory  shall  not  be  situated  on  any  part  of  the  ground 
known  as  the  college  campus.  The  title  to  said  property  shall  be 
vested  in  the  board  of  trustees  of  the  University  of  Kentucky. 

§  333.  (3)  The  residue  of  the  appropriation  made  by  this  act 
shall  be  used  by  the  board  of  trustees  of  said  college  in  erecting, 
equipping  and  furnishing  the  other  building  set  forth  in  Section  331 
of  this  act,  and  if  the  residue  of  the  appropriation  be  not  sufficient 
therefor,  then  it  shall  be  expended  in  erecting  and  furnishing  such 
of  said  other  buildings  as  the  board  of  trustees  may  think  most 
necessary  until  said  appropriation  be  exhausted. 


136  KENTUCKY   SCHOOL  LAWS  1916. 

§  334.  (4)  Women  to  Control  Women's  Dormitory.— The  board 
of  trustees  shall  appoint  three  prudent,  discreet,  intelligent  women, 
members  in  good  standing  of  one  of  the  religious  organizations 
recognized  by  the  laws  of  the  United  States,  who  shall  constitute  a 
board  of  supervision  or  control  to  manage  and  superintend,  under 
the  direction  of  the  board  of  trustees,  the  dormitory  for  young  women. 
The  term  of  service  shall  be  for  six  years;  but  the  first  appointments 
shall  be,  one  for  two  years,  one  for  four  years  and  one  for  six  years, 
respectively,  and  thereafter,  upon  the  expiration  of  their  terms  of 
service,  one  shall  be  appointed  at  the  close  of  each  biennial  period 
to  fill  the  vacancy.  Provided,  however,  that  the  board  of  trustees 
shall  have  power  at  any  time  to  remove  any  member  of  the  board 
of  control  for  reasons  which  they  may  deem  sufficient  and  to  fill  the 
unexpired  term  by  an  interim  appointment.  Said  board  of  super- 
vision shall  meet  at  convenient  intervals  for  the  transaction  of  busi- 
ness. They  shall  keep  a  record  of  their  proceedings  and  submit  the 
s'ame  to  the  board  of  trustees  at  their  regular  meetings.  Their  re- 
ceipts and  expenditures  shall  be  embodied  in  semi-annual  reports  to 
the  board.  They  shall,  when  the  dormitory  is  ready  for  the  recep- 
tion of  students,  submit  to  the  bo'ard  of  trustees  for  their  approval 
or  to  the  executive  committee,  if  the  board  of  trustees  be  not  in  ses- 
sion, a  body  of  regulations  in"  relation  to  their  administration  of  the 
business  of  the  dormitory,  and  in  relation  to  the  conduct  and  discip- 
line of  its  occupants.  The  members  of  the  bo'ard  of  supervision  or 
control  shall  receive  no  salary;  but  the  necessary  expenses,  incurred 
in  the  discharge  of  their  duties,  shall  be  paid  out  of  the  funds  set 
apart  for  the  administration  of  the  women's  dormitory. 

§  335.  (5)  $2,000.00  Appropriated  for  Expenses  of  Women's 
Dormitory. — The  sum  of  two  thousand  dollars  annually  is  hereby  ap- 
propriated to  defray  the  running  expenses  of  s'aid  women's  dormi- 
tory, including  fuel,  lights,  servants'  hire,  janitor,  cooks,  and  the 
necessary  expenses  of  the  board  of  supervision  or  control  as  herein- 
before set  forth. 

§  336.  (6)  Board  in  Dormitory.— The  rates  of  board  charged 
young  women  shall  be  determined  by  the  cost  of  provisions  and  their 
preparation  and  service,  with  no  margin  or  profit.  A  small  monthly 
fee  may,  however,  be  'added  to  cover  the  wear  and  tear  of  kitchen, 
dining  room  and  bed  room  furniture. 

§  337.  (7)  The  duties  of  the  board  of  supervision  or  control 
shall  be  concerned  exclusively  with  the  management  of  the  women's 
dormitory,  and  shall  in  no  wise  relate  to  the  college  privileges,  duties 
and  relations  of  the  young  women  nor  to  the  requirements  of  the 
faculty  regarding  their  work  or  the  discipline  and  control  of  the  faculty 
over  them  as  students. 

§  337a  (8)  The  President  of  the  college  shall,  as  the  representa- 
tive of  the  Board  of  Trustees,  have  the  same  general  authority  in 


UNIVERSITY   OF  KENTUCKY.  137 

regard  to  the  women's  dormitory  which  he  is  expected  and  required  to 
exercise  over  the  interests  all  and  singular  of  the  college,  and  any 
occupant  of  said  dormitory  who  may  feel  aggrieved  by  the  act  of  the 
board  of  control  or  the  subordinate  appointees  shall  have  the  privi- 
lege of  appeal  to  the  President  of  the  college,  whose  decision  shall 
be  final  until  the  next  meeting  of  the  executive  committee. 

§  337b  (9)  Students  Appointed  Have  Preference  in  Dormitory. — 
Women  students  attending  said  college  as  beneficiaries  and  appointees 
of  counties  or  legislative  districts  shall  have  preference  for  accom- 
modations in  said  women's  dormitory,  and  if  the  accommodations  of 
said  dormitory  are  not  sufficient  for  all  such  appointees  then  the 
proper  authorities  of  said  college  shall  decide,  in  some  way  fair  and 
equitable,  who  shall  be  entitled  to  said  accommodations,  all  counties 
being  given  equal  representation  as  nearly  as  possible.  If  any  rooms 
in  said  dormitory  remain  after  all  such  appointees  are  accommodated, 
other  female  students  may  be  allowed  the  use  thereof,  each  county 
being  given  equal  representation  as  nearly  as  possible.  All  rooms 
shall  be  assigned  by  lot  three  days  after  the  session  opens.  Like  rules 
and  preferences  shall  be  observed  in  regard  to  dormitory  accommoda- 
tions provided  for  men  students  at  said  college.  All  rooms  shall  be 
assigned  by  lot  three  days  after  the  session  opens. 

§  338.  (§  4636-c)  (30a)  Duty  of  County  to  Post  Circulars.— 
Each  failure  or  neglect  on  the  part  of  the  superintendent  of  schools 
in  any  county  in  Kentucky  to  place  in  such  schoolhouse  in  his  county 
before  the  fifteenth  of  May,  of  each  year,  a  copy  of  the  circulars 
aforesaid,  transmitted  by  the  president  of  said  college  for  the  pur- 
pose aforesaid,  shall  be  deemed  a  neglect  of  duty;  and  for  each  of- 
fense an  action  may  be  maintained  against  such  superintendent  by 
the  trustees  of  each  school  within  the  county  where  circulars  have 
not  been  placed  according  to  the  law,  and  upon  conviction  thereof 
he  shall  be  subject  to  a  penalty  of  not  less  than  twenty-five  nor  more 
than  fifty  dollars.  Said  action  may  be  maintained  in  the  courts  of 
justice  of  the  peace  having  jurisdiction  in  the  school  district  or  in 
the  county  court,  and  a  like  penalty  shall  be  incurred  by  the  super- 
intendent for  the  neglect  of  duty  in  appointing  a  time  and  place  for 
competitive  examination  for  the  selection  of  beneficiaries  in  his 
county  according  to  the  provisions  set  forth  in  section  fourteen  of 
the  aforesaid  act,  approved  May  ninth,  one  thousand  eight  hundred 
and  ninety-three. 

§  339.  (§  4636b.)  Two  Hundred  Thousand  Dollars  Appropriated 
to  University  of  Kentucky — Additional  Grounds  May  be  Purchased — 
Architects  May  be  Employed — Advertisement — Bond  by  Successful 
Bidder — Money — How  to  be  Paid — Statement  to  be  Submitted  to 
General  Assembly.— That  the  sum  of  two  hundred  thousand  dollars, 
or  as  much  'as  may  be  necessary  thereof,  be  and  the  same  is  hereby 
appropriated  for  the  benefit  of  the  University  of  Kentucky,  Lexing- 


138  KENTUCKY   SCHOOL  LAWS  1916. 

ton,  Kentucky,  for  the  purpose  of  paying  the  outstanding  indebted- 
ness heretofore  incurred  for  the  erection  of  necessary  buildings  and 
equipment  of  same  on  the  grounds  owned  by  the  said  institution,  and 
for  the  erection  and  equipment  of  a  suitable  building  for  the  depart- 
ment of  mining  engineering,  civil  engineering  and  physics;  also,  for 
the  erection  and  equipment  of  a  necessary  addition  to  the  chemical 
building;  also  for  the  erection  and  equipment  of  a  necessary  addi- 
tion to  the  mechanical  and  electrical  engineering  building;  also  for 
the  erection  and  equipment  of  a  new  dormitory  for  the  accommoda- 
tion of  the  male  students  of  said  institution.  All  of  said  buildings 
shall  be  erected  upon  the  grounds  owned  by  said  institution,  or  upon 
such  ground  as  may  be  acquired  by  purchase  by  the  board  of  trust- 
ees of  said  institution.  If,  in  the  judgment  of  the  said  board  of 
trustees,  the  purchase  of  additional  grounds  m'ay  be  necessary  for 
the  accommodation  of  the  new  buildings  herein  contemplated,  or  for 
the  proper  conducting  of  said  institution,  they  may  make  such 
necessary  purchase  and  pay  for  the  same  out  of  the  money  herein 
appropriated.  The  title  to  such  real  estate  shall  be  made  land  held 
by  the  Commonwealth  of  Kentucky  for  the  use  and  benefit  of  said 
institution.  The  said  board  of  trustees  is  vested  with  a  sound  dis- 
cretion as  to  the  order  of  construction  and  as  to  the  location  of  the 
improvements  herein  set  forth,  or  in  giving  preference  to  such  other 
improvements  as  will  best  promote  the  interests  of  the  institution, 
provided,  that  the  total  expenditure  shall  not  exceed  the  amount 
herein  appropriated.  The  said  board  of  trustees  shall  appoint  a  com- 
petent architect  or  architects  to  prepare,  under  their  directions, 
plans  and  specifications  for  the  buildings  aforesaid,  and  shall  con- 
trkct  with  responsible  parties  for  the  erection  and  equipment  of 
same.  All  contracts  under  this  act  for  material  and  labor,  or  for 
the  erection  of  any  and  all  buildings  and  improvements,  and  for 
the  equipment  of  the  same  for  the  purposes  mentioned  in  this  act, 
shall  be  let  to  the  lowest  and  best  bidder,  after  the  same  is  duly 
advertised  by  notice  for  ten  consecutive  days  in  a  daily  newspaper 
published  in  the  city  of  Lexington,  Kentucky,  having  the  largest  cir- 
culation, or  for  four  consecutive  weeks  in  the  weekly  paper  published 
in  said  city  which,  in  the  judgment  of  the  said  board  of  trustees, 
has  the  largest  circulation.  The  successful  bidder  or  bidders  in  each 
case  shall  enter  into  bond  to  the  Commonwealth  of  Kentucky  for  the 
benefit  of  said  university  in  a  sum  not  less  than  twenty-five  per  cent, 
of  the  contract  sum  or  price  for  the  completion  of  the  work  in  the 
manner  and  within  the  time  set  out  in  the  contract  or  contracts,  and 
manner  and  time  shall  be  fully  and  in  detail  set  out  in  said  contract. 
The  money  hereby  appropriated  shall  be  paid  to  the  treasurer  of 
said  university  from  time  to  time,  as  the  improvements  contem- 
plated in  this  act  may  require,  and  it  shall  be  the  duty  of  the  Auditor 
of  Public  Accounts  to  draw  his  warrant  or  warrants  upon  the  Treas- 


UNIVERSITY  OF  KENTUCKY.  139 

urer  of  the  State  in  favor  of  the  treasurer  of  said  university  for  an 
amount  or  amounts  as  the  said  treasurer  of  said  university,  counter- 
signed by  the  president,  may  certify  to  him  from  time  to  time,  is 
necessary  and  needed  in  carrying  out  the  provisions  of  this  act: 
Provided,  however,  that  one-third  of  said  appropriation  shall  be  due 
and  payable  on  December  1,  1908;  one-third  thereof  shall  be  due 
and  payable  on  July  1,  1909,  and  one-third  thereof  shall  be  due  and 
payable  on  July  1,  1910.  Said  board  of  trustees  shall  submit  to  the 
next  regular  session  of  the  General  Assembly  an  itemized  account 
and  statement  of  the  expenditures  made  for  the  purpose  herein 
named,  which  account  and  statement  shall  be  properly  certified  and 
audited,  and  if  any  of  the  funds  hereby  appropriated  remain  unex- 
pended after  the  additions  and  improvements  to  said  university 
herein  authorized  have  been  made,  the  same  shall  be  returned  to 
the  state  treasury  by  said  board  of  trustees. 

§  340.  (§  4636b)  (2)  Normal— Certificates.— That  the  normal 
department  of  said  university,  as  it  now  exists,  be  eliminated,  and 
there  be  established  instead  thereof  a  department  of  education  in 
said  university,  with  collegiate  rank,  leading  to  the  usual  degree  in 
pedagogy  as  maintained  in  other  similar  State  institutions;  that  de- 
grees of  bachelor  of  arts  in  education,  and  bachelor  of  science  in 
education  conferred  in  this  department  shall,  with  the  approval  of 
the  State  Superintendent  of  Public  Instruction,  entitle  the  holder 
thereof  to  the  privilege  of  teaching  in  the  common  schools  and  high 
schools  of  the  Commonwealth  without  further  examination,  during 
life  or  good  behavior.  The  diplomas  granting  degrees  may  be  re- 
voked for  cause  by  the  said  board  of  trustees  or  by  the  State  Super- 
intendent of  Public  Instruction.  The  board  of  trustees  shall  have 
power  and  authority,  subject  to  the  approval  of  the  State  Superin- 
tendent of  Public  Instruction,  to  confer,  under  its  corporate  seal, 
upon  students  of  said  department,  the  following  certificates: 

(1st.)  An  elementary  certificate  upon  the  completion  of  one 
year's  work,  which  shall  entitle  the  holder  thereof  to  teach  in  any 
public  school  of  this  State  for  the  period  of  two  years  from  the 
date  thereof,  without  further  examination. 

(2nd.)  An  intermediate  certificate  upon  the  completion  of  two 
years'  work,  which  shall  entitle  the  holder  thereof  to  teach  in  any 
public  school  of  this  State  for  a  period  of  four  years  from  the  date 
thereof  without  further  examination. 

(3rd.)  An  advanced  certificate  upon  the  completion  of  three 
years'  work,  which  shall  entitle  the  holder  thereof  to  teach  in  any 
public  school  of  this  State  for  a  period  of  three  years  from  date 
thereof  without  further  examination,  and  if,  at  the  end  of  three 
years,  'a  teacher  holding  an  advanced  certificate  shall  present  to  the 
board  of  trustees  which  granted  the  same,  satisfactory  evidence  of 
successful  teaching  during  said  period,  and  of  good  moral  character, 
then  the  advance  certificate  may  be  extended  for  life  or  good  be- 


140  KENTUCKY  SCHOOL  LAWS  1916. 

havior  by  said  board,  subject,  however,  to  the  approval  of  the  State 
Superintendent  of  Public  Instruction,  and  it  shall  so  be  endorsed  by 
the  said  board,  and  the  holder  thereof  shall  be  entitled  to  teach  in 
any  public  school  in  this  State  during  good  behavior,  without  further 
examination. 

The  official  endorsement  of  the  State  Superintendent  of  Public 
Instruction  shall  be  necessary  to  Validate  any  of  the  said  three  cer- 
tificates or  extension  thereof  above  named.  Any  certificate  may  be 
revoked  for  cause  by  said  board  of  trustees  or  by  the  State  Superin- 
tendent of  Public  Instruction. 

That  from  and  after  two"  years  from  this  date  all  sub-freshman 
work  shall  begin  to  be  eliminated  'as  a  part  of  the  university  curri- 
culum, and  such  elimination  shall  progress  as  rapidly  as  the  educa- 
tional conditions  in  Kentucky  will  justify:  Provided;  however,  special 
courses  may  be  given  in  any  of  the  departments  of  the  university, 
except  that  no  sub-freshman  normal  instruction  shall  be  given  after 
September  1,  1908,  in  any  department  of  the  university  or  academy 
connected  therewith. 

§  341.  (§  4636a.)  (30)  Previous  Acts  Referred  to— That  all 
the  acts  of  the  General  Assembly  of  the  Commonwealth  of  Kentucky, 
making  provision  for  the  establishment,  support  and  maintenance  of 
the  Agricultural  and  Mechanical  College  of  Kentucky,  heretofore 
enacted,  viz.:  An  act  appointing  a  commission  for  the  location  of 
the  Agricultural  and  Mechanical  College,  approved  March  13,  1878; 
an  act  locating  and  establishing  the  Agricultural  and  Mechanical  Col- 
lege, approved  Febru'ary  6,  1880;  an  act  incorporating  the  Agricul- 
tural and  Mechanical  College,  approved  March  4,  1880;  an  act  amend- 
ing the  act  of  incorporation,  approved  April  23,  1880;  an  lact  of  the 
General  Assembly,  approved  April  29,  1880,  and  Section  184  of  the 
Constitution  of  Kentucky,  guaranteeing  the  validity  of  the  tax  levied 
for  the  benefit  of  the  Agricultural  and  Mechanical  College  by  said  act, 
approved  April  29,  1S80;  an  act  of  incorporation,  amending  the  acts  ol 
March  4,  1880,  and  April  23,  1880,  approved  May  9,  1893,  an  act  for 
the  maintenance  of  the  girls'  dormitory,  approved  March  21,  1900,  and 
an  act  making  an  annual  Appropriation  for  the  maintenance  and  sup- 
port of  the  said  college,  which  became  a  law  March  26,  1904;  and 
that  all  the  acts  of  the  Congress  of  the  United  States,  creating  and  en- 
dowing colleges  under  the  land  grant  of  1862,  viz.:  The  lact  provid- 
ing for  the  establishing  of  the  college  for  the  benefit  of  agricultural 
and  mechanical  arts,  approved  July  2,  1862;  the  act  establishing 
experiment  stations,  as  departments  of  agricultural  colleges,  approved 
March  2,  18-87;  the  act  for  applying  a  portion  of  the  proceeds  of  the 
public  lands  to  the  more  complete  endowment  of  the  colleges  estab- 
lished under  the  act  of  July  2,  1862,  which  passed  the  Senate  June  23, 
1890;  the  act  known  as  the  "Adams  Act,"  further  endowing  experi- 
ment stations,  passed  by  Congress,  March  16,  1906;  an  act  known  as 


UNIVERSITY  OF  KENTUCKY.  141 

the  "Nelson  Act,"  for  the  further  endowment  of  Agricultural  and 
Mechanical  Colleges,  passed  by  Congress,  March  4,  1907,  shall  not  be 
affected  by  this  change  of  name,  and  the  revenue  accruing  from  these 
and  from  all  other  sources,  State  and  Federal,  shall  continue  to  be 
paid  over  by  the  State  and  Federal  authorities  to  the  treasurer  of  the 
University  of  Kentucky,  Lexington,  Kentucky,  for  its  use  and  mainte- 
nance, in  accordance  with  the  provisions  of  said  acts  of  Congress  and 
of  the  Oi-iieral  Assembly  of  Kentucky. 

§  342.  (4)  Acts  of  Congress  to  be  Carried  Out. — That  the  re- 
quirements of  the  law  of  Congress,  approved  July  2,  1862,  for  the  in- 
struction in  those  branches  of  learning  relating  to  agriculture  and  the 
mechanic  arts  and  to  military  tactics,  should  be  carried  out  fully,  and 
that  those  branches  shall  continue  to  be  an  integral  and  indispensable 
course  of  instruction  in  the  University  of  Kentucky;  and  that,  in  addi- 
tion to  the  other  colleges  of  said  university,  one  of  the  colleges  shall 
be  denominated  the  Agricultural  College,  and  another  the  College  of 
Mechanical  Arts  of  the  University  of  Kentucky. 

§  343.  (5)  Department  of  Law  Established.— That  a  department 
of  law,  or  course  of  instruction  in  the  science  of  law  leading  to  the 
degree  of  Bachelor  of  Laws,  shall  be  established  in  said  university. 
The  course  prescribed  leading  to  said  degree  shall  be  of  equal  dignity 
and  rank  to  that  of  other  corresponding  institutions. 

§  344.  (6)  Department  of  Medicine  and  Surgery  Established. — 
That  'a  Department  of  Medicine  and  Surgery,  or  course  of  instruction 
in  the  science  of  medicine  and  surgery,  leading  to  the  usual  degrees 
conferred  in  such  courses,  shall  be  established  in  said  university. 
The  courses  prescribed  shall  be  of  equal  dignity  and  rank  to  that 
of  other  corresponding  institutions,  and  that  a  diploma  issued  from 
this  department  shall  be  accepted  throughout  this  State  on  equal 
terms  with  diplomas  issued  from  other  corresponding  institutions. 

§  345.  (7)  Appointment  of  Beneficiaries — Competitive  Examina- 
tion— Duty  of  County  Superintendents. — Each  county  in  the  State,  in 
consideration  of  the  incomes  accruing  to  said  institution,  under  the 
present  laws  for  the  benefit  of  said  Agricultural  and  Mechanical  Col- 
lege, be  entitled  to  select  and  send  to  said  university  each  year  one  or 
more  properly  prepared  students,  as  hereinafter  provided  for,  free 
from  all  charges  for  tuition,  matriculation  fees,  room  rent,  fuel  and 
lights,  and  to  have  all  the  advantages  and  privileges  of  the  said  uni- 
versity, one  white  pupil  for  every  three  thousand  'and  one  for  each 
fraction  thereof  over  fifteen  hundred  of  white  school  children,  based 
upon  the  last  official  census  preceding  said  appointment:  Provided, 
however,  that  every  county  shall  be  entitled  to  at  least  one  annual 
appointment.  Said  students  shall  be  entitled,  free  of  any  cost  what- 
ever, to  the  benefits  enumerated  above  for  the  term  of  years  neces- 
sary to  complete  the  course  of  study  in  which  he  or  she  matriculates 
for  graduation,  or  during  good  behavior.  All  beneficiaries  of  the  State 
who  continue  students  for  one  consecutive,  collegiate  year,  or  ten 


142  KENTUCKY  SCHOOL  LAWS  1916. 

months,  unless  unavoidably  prevented,  shall  also  be  entitled  to  their 
necessary  traveling  expenses  in  going  to  and  returning  from  said  col- 
lege. The  selection  of  the  beneficiaries  shall  be  made  by  the  Super- 
intendents of  Common  Schools  in  their  respective  counties,  upon  com- 
petitive examination,  on  subjects  prepared  by  the  faculty  of  the  uni- 
versity and  transmitted  to  said  superintendents  before  the  first  day 
of  June  of  each  year.  Said  competitive  examinations  shall  be  open 
to  all  persons  between  the  ages  of  fourteen  and  twenty-four  years. 
Preference  shall  be  given,  other  things  being  equal,  to  those  who  have 
passed  with  credit  through  the  public  school,  persons  of  energy  and 
industry,  whose  means  are  small,  to  aid  whom  in  obtaining  a  good  edu- 
cation this  provision  is  intended.  Said  competitive  examination  shall 
be  held,  and  the  successful  competitor  appointed  between  the  first 
day  of  June  and  the  first  day  of  August  of  each  year.  It  shall  be  the 
duty  of  the  County  Superintendent  to  make  known  the  benefits  of  this 
provision  to  each  common  school  district  under  his  superintendency, 
with  the  time  and  place,  when  and  where  such  competitive  examina- 
tion shall  be  held.  He  shall  for  this  purpose,  appoint  a  board  of 
examiners,  whose  duty  it  shall  be  to  conduct  the  examination.  This 
shall  not  interfere  with  any  appointment  already  made  to  said  col- 
lege. 

§  346.  (8)  Free  Tuition  to  Certain  Students. — That  the  board 
of  trustees  of  said  university  may  within  their  discretion,  concede 
the  privilege  of  free  tuition  to  students  who  are  preparing  for  the 
ministry  in  connection  with  any  white  religious  denomination. 

§  347.  (9)  Bi-partisan  Board  After  January  1,  1910. — That  the 
board  of  trustees  shall,  from  and  after  January  1,  1910,  be  bi-partisan 
and  the  Governor,  in  making  the  appointments  of  trustees,  shall  so 
make  them  as  to  divide  the  representation  upon  said  board  equally 
betewen  the  two  leading  political  parties  of  this  Commonwealth,  in- 
cluding the  ex-officio  members  that  the  Superintendent  of  Public  In- 
struction shall  be  ex-officio  a  member  of  the  board  of  trustees. 

§  348.  (10)  That  the  board  of  trustees  have  authority,  out  of 
the  funds  under  their  control,  to  expend  an  amount  sufficient  to  meet 
the  necessary  expenses  incurred  in  advertising  and  other  necessary 
changes  incident  to  the  change  of  the  style  and  title  of  the  said  in- 
stitution. 

§  349.  (11)  Location  Not  Changed.— That  the  location  of  the 
institution  established  by  the  act  locating  the  University  of  Kentucky, 
approved  February  8,  1880,  shall  not  be  affected  by  this  change  of 
name. 

§  350.  (12)  That  all  acts  passed  by  the  Legislature  of  Ken- 
tucky, and  all  the  regulations  made  by  the  board  of  trustees  in  pur- 
suance thereof,  for  the  government  of  the  agricultural  and  mechanical 
college,  shall  continue  in  effect  and  apply  to  the  government  of  the 
University  of  Kentucky,  Lexington,  Kentucky,  except  to  the  extent 
herein  specifically  set  out. 


UNIVERSITY  OF  KENTUCKY.  143 

§  351.  (13)  That  all  students  attending  exclusively  the  law  or 
medical  department  of  the  university  shall  pay  the  usual  tuition  fees. 

§  352.  (14)  County  Certificates  May  be  Issued  to  Students. — 
That  students,  while  attending  the  University  of  Kentucky,  may  be 
examined  for  county  teachers'  certificates  by  the  board  of  examiners 
of  Fayette  county,  Kentucky,  and  on  the  dates  provided  in  the  com- 
mon school  law  for  the  examination  of  teachers.  If  such  students 
are  of  the  age  and  character  required  by  law  in  the  case  of  other 
candidates  for  county  certificates,  the  County  Superintendent  of  Fay- 
ette county  shall  admit  them  to  examination  and  shall  collect  from 
each  the  legal  fee,  with  fifty  cents  additional.  At  the  close  of  the 
examination  the  County  Superintendent  shall  transmit  by  registered 
mail  the  examination  papers,  together  with  the  examination  fee,  to 
the  County  Superintendent  of  the  county  from  which  said  candidate 
desires  his  certificate  issued.  The  county  board  of  examiners  shall 
canvass  the  papers  sent  to  them  as  'above  provided,  and  shall  issue 
county  certificates  upon  them  upon  the  same  terms  and  conditions  as 
in  case  of  candidates  appearing  in  person  for  examination. 

§  353.  (§  4636)  (1)  Appropriation  of  $50,000.00  for  Experi- 
ment Station. — There  is  hereby  appropriated  to  the  Agricultural  Ex- 
periment Station  of  the  University  of  Kentucky,  Lexington,  Ken- 
tucky, for  the  current  fiscal  year  and  for  each  succeeding  year  there- 
after, fifty  thousand  dollars  for  the  purpose  of  making  field  experi- 
ments in  the  several  sections  of  the  State  in  order  to  ascertain  by 
chemical  and  physical  examination  of  our  soils  and  by  direct  experi- 
ments in  laboratory  and  fields  what  crops  and  treatment  are  best 
suited  to  each,  whether  the  present  methods  are  tending  to  best  re- 
sults and  whether  to  the  preservation  or  reduction  of  fertility,  and 
what  rotation  and  treatment  will  be  most  effective  in  retaining  pro- 
ductive capacities  of  the  soils  of  the  various  sections  of  the  State, 
to  discover  and  demonstrate  the  best  methods  of  orchard  treatment, 
the  culture  and  m'arketing  of  fruits  and  vegetables,  and  the  most 
effective  remedies  for  insects  and  diseases  of  fruit  and  vegetables, 
and  to  make  a  systematic  study  of  plant  breeding  and  development 
by  means  of  crossing  and  selection  of  new  and  improved  varieties  of 
fruits  and  vegetables,  to  enable  said  station  to  conduct  investigations 
calculated  to  develop  the  beef,  pork  and  mutton  producing  interests 
of  the  State,  and  especially  to  devise  and  conduct  feeding  experiments 
intended  to  demonstrate  the  most  successful  combination  of  stock 
foods,  and  to  discover,  if  possible,  the  most  economical  and  success- 
ful methods  of  maintaining  anim'als  and  fitting  them  for  the  market, 
for  pathological  investigations,  and  to  investigate  live  stock  con- 
ditions both  at  home  and  abroad,  in  so  far  as  they  affect  market 
values,  to  enable  said  station  to  conduct  investigations  for  the  pur- 
pose of  developing  the  dairy  interests  of  the  State,  and  including 
feeding  experiments  for  production  of  milk  and  butter,  and  the  rear- 


144  KENTUCKY   SCHOOL  LAWS  1916. 

ing  of  calves,  and  the  study  of  contagious  diseases  for  the  purpose 
of  finding  remedies  therefor,  to  enable  the  said  station  to  conduct 
investigations  for  the  purpose  of  developing  the  horse  interests  of 
the  State,  including  the  best  methods  of  feeding  and  breeding,  the 
study  of  diseases,  and  thorough  scientific  investigations  for  the  benefit 
of  the  horse  industry  of  the  State;  ten  thousand  dollars  ($10,000.00) 
for  the  advancement  of  the  poultry  interests  of  the  State,  including 
experiments  in  breeding  for  egg  production  and  methods  best  adapted 
for  hatching  and  raising  of  chicks  and  feeding  experiments  and  other 
investigations  tending  to  the  economical  production  of  poultry  and 
eggs,  for  providing  the  necessary  equipment  and  paying  the  expenses 
of  the  extension  work  of  said  experiment  station  in  order  to  bring 
the  scientific  knowledge  already  obtained,  and  that  hereafter  ob- 
tained, in  the  lines  of  agriculture  and  home  economics,  direct  to 
the  farm  and  home,  by  means  of  personal  visitation,  correspondence, 
co-op-Brative  demonstrations  and  experiments  and  the  solution  of 
local  problems  by  station  experts  visiting  the  locality  and  studying 
the  problems  on  the  farm,  toward  the  maintenance  of  said  station, 
and  for  the  purpose  of  enlarging  the  hog  cholera  serum  and  serum 
plant  now  at  said  station,  and  for  the  production  of  hog  cholera 
serum  and  virus  to  be  furnished  the  farmers  of  this  State  at  partial 
cost  of  production  and  not  to  exceed  one  cent  per  cubic  centimeter 
and  to  be  distributed  through  such  channels  as  the  director  of  said 
experiment  station  may  deem  advisable  for  the  protection  of  the 
swine  interests  of  the  State. 

§  354.  (2)  Payment  to  be  Made  Quarterly. — The  sums  appro- 
priated under  this  ace  'are  to  be  payable  quarterly  to  the  treasurer 
of  said  experiment  station  out  of  moneys  in  the  treasury  of  the 
Commonwealth  of  Kentucky,  and  the  Auditor,  for  the  payment  of 
same,  is  directed  to  draw  his  warrant  upon  the  Treasurer  as  in  all 
other  claims  against  the  Commonwealth.  The  Board  of  Control  of 
said  experiment  station  shall  furnish  to  the  Auditor  of  Public  Ac- 
counts, yearly,  an  itemized  statement  of  the  money  expended  under 
this  act. 

§  355.  That  Section  thirteen  of  an  act  entitled,  "An  act  creat- 
ing a  State  Board  of  Agriculture,  Forestry  and  Immigration,  specify- 
ing the  duties  thereof  and  appropriating  money  therefor,"  which 
was  approved  by  the  Governor  on  March  twenty-first,  nineteen  hun- 
dred 'and  six,  be  amended  and  re-enacted  so  that  it  shall  read  as  fol- 
lows: 

For  the  purpose  of  carrying  out  the  provisions  of  this  act,  and 
for  the  general  purposes  of  said  department,  including  the  gathering 
of  statistics,  the  sura  of  seventeen  thousand  dollars  per  annum,  in 
addition  to  the  amount  already  appropriated  for  the  benefit  of  the 
Bureau  of  Agriculture,  Labor  an.i  Statistics,  is  hereby  appropriated 
out  of  any  money  in  the  treasury  not  otherwise  appropriated  for  the 


UNIVERSITY  OF  KENTUCKY.  145 

use  of  the  said  Bureau  of  Agriculture,  Labor  and  Statistics.  The 
clerk  of  the  board  shall  certify  to  all  expenditures  of  the  board  to 
the  chairman,  who,  in  turn,  sh:ill  certify  them  to  the  Governor  for 
his  approval,  and  upon  his  approval  he  shall  authorize  the  Auditor 
of  Public  Accounts  to  draw  his  warrant  upon  the  Treasurer  for  the 
amount. 

§  356.  There  is  hereby  appropriated  to  the  University  of  Ken- 
tucky for  the  present  fiscal  year,  the  sum  of  eighteen  thousand  dol- 
lars, and  a  like  sum  is  hereby  appropriated  annually  thereafter, 
which  shall  be  used  by  the  university  for  the  purpose  of  agricultural 
extension,  and  for  the  use  of  the  college  in  teaching  agriculture. 

§  357.  The  University  of  Kentucky  shall  establish  in  connec- 
tion with  its  agricultural  extension  work  a  co-operative  bureau  for 
fostering  marketing. 

§  358.  The  various  fiscal  courts  and  boards  of  education  of  the 
counties  in  this  State  are  hereby  authorized  'and  empowered  to  ap- 
propriate such  sums  of  money  out  of  their  annual  funds  as  in  their 
wisdom  is  necessary  to  aid  in  carrying  on  extension  work  in  agri- 
cultural and  home  economics  in  their  respective  counties,  and  in 
connection  with  the  University  of  Kentucky. 

§  359.  The  Commonwealth  of  Kentucky  accepts  and  assents  to 
the  provisions  of  the  act  of  Congress  entitled,  "An  act  to  provide 
for  'a  co-operative  agricultural  extension  work  between  the  agricul- 
tural colleges  in  the  several  states  receiving  the  benefits  of  an  act 
of  Congress  approved  July  two,  eighteen  hundred  and  sixty  one, 
and  of  the  acts  supplementary  thereto,  and  the  United  States  De- 
partment of  Agriculture,  which  was  approved  by  the  President  of 
the  United  States,  May  eight,  nineteen  hundred  and  fourteen,"  in 
all  of  its  terms  and  conditions,  'and  the  University  of  Kentucky  is 
authorized  and  empowered  to  receive  the  grants  of  money  appro- 
priated under  its  provisions. 

§  360.  The  Commissioner  of  Agriculture,  Labor  and  Statistics 
shall  annually  designate  some  date  at  least  thirty  days  before  the 
meeting  of  the  State  Farmers'  Institute,  when  the  farmers  of  each 
county  shall  meet  in  a  convention  at  the  county  seat  for  the  purpose  of 
selecting  one  or  more  delegates  to  attend  said  State  institute,  and 
which  convention  shall  at  the  same  time  select  one  or  more  crop 
reporters  from  each  magisterial  district  in  the  county  to  serve  for 
one  year  without  pay,  whose  duty  shall  be  to  report  to  the  Commis- 
sioner of  Agriculture,  Labor  and  Statistics,  monthly  the  acreage  and 
condition  of  crops  and  such  other  inform'ation  as  he,  under  the  law, 
may  ask  for.  In  the  event  no  convention  of  farmers  is  held  on  the 
date  fixed,  the  said  commissioner  is  authorized  and  empowered  to 
appoint  one  or  more  delegates  from  such  county  to  attend  the  said 
State  institute,  and  to  appoint  one  or  more  crop  reporters  in  each 
magisterial  district. 


146  KENTUCKY   SCHOOL  LAWS  1916. 

CHAPTER  XXV. 

ILLITERACY  COMMISSION. 

§  362.  Commission  Appointed  by  Governor. — That  there  is 
hereby  created  a  commission  to  be  known  as  "The  Kentucky  Illiteracy 
Commission,"  which  shall  be  composed  of  five  persons,  both  men 
and  women,  including  the  Superintendent  of  Public  Instruction,  who 
shall  be  ex-officio  a  member  thereof.  Said  commissioners  shall  be 
appointed  by  the  Governor  of  the  Commonwealth  and  shall  be  selected 
for  their  fitness,  ability  'and  experience  in  matters  educational  and 
their  acquaintance  with  the  conditions  of  adult  illiteracy  in  the 
State  of  Kentucky  and  its  various  communities.  Two  of  said  com- 
missioners shall  hold  office  for  two  years  and  two  for  four  years 
from  the  date  of  their  first  appointment  by  the  Governor;  after  which 
all  of  said  commissioners  shall  hold  for  la  period  of  four  years,  but 
the  term  of  two  of  them  shall  expire  biennially.  Any  and  all  vacan- 
cies occurring  in  said  commission  shall  be  filled  for  the  unexpired 
term  by  the  Governor.  Said  commissioners,  or  any  of  them,  may  be 
removed  at  any  time  for  cause. 

§  363.  Commission  Body  Corporate — Officers  to  be  Elected. — 
The  members  of  said  commission  and  their  successors  in  office  shall 
be  and  are  hereby  constituted  a  body  corporate  with  all  the  powers 
necessary  to  carry  into  effect  all  the  purposes  of  this  act.  Said  com- 
missioners, after  their  appointment  and  qualification,  shall  adopt  a 
se'al  and  organize  by  electing  from  their  membership  a  president, 
secretary  and  treasurer  to  servo  for  a  period  of  two  years,  or  until 
their  successors  are  elected  and  qualified,  but  the  same  person  may 
be  elected  to  serve  both  as  secretary  and  treasurer  of  the  commis- 
sion, but  said  secretary  and  treasurer,  whether  or  not  the  office  be 
united  in  one  person,  shall  execute  a  bond  to  the  Commonwealth  of 
Kentucky  for  the  faithful  performance  of  the  trusts  of  their  offices, 
for  the  proper  handling  and  accounting  of  all  the  properties,  assets 
and  moneys  which  may  come  into  their  hands  by  virtue  of  their 
offices,  and  in  such  amount  and  in  such  form  and  with  such  sure- 
ties as  the  commission  shall  approve.  Said  secretary  or  treasurer 
may  at  any  time  be  removed  and  a  successor  be  appointed  by  said 
commission  in  its  discretion. 

§  364.  Commission  to  Select  Place  of  Business.— Said  commis- 
sion may  establish  a  permanent  place  for  its  meetings  and  shall  in 
such  place  have  an  office  which  shall  be  kept  open  at  such  regular 
times  as  the  commission  may  prescribe  for  the  transaction  of  its 
business,  and  a  majority  of  said  commission  shall  constitute  a 
quorum, 


ILLITERACY  COMMISSION.  147 

§  365.  Data  to  be  Collected  and  Distributed.— It  shall  be  the  duty 
of  said  commission,  and  it  shall  have  the  power,  to  make  research, 
collect  data  and  statistics,  and  procure  surveys  of  any  and  all  com- 
munities, districts  or  vicinities  of  the  State  looking  to  the  obtaining 
of  a  more  detailed,  definite  and  particular  knowledge  as  to  the. 
true  conditions  of  the  State  with  regard  to  its  adult  illiteracy,  and 
report  regularly  the  results  of  its  labors  to  the  General  Assembly; 
and  to  interest  persons  and  institutions  in  the  dispensation  of  any 
and  all  funds  and  endowments  of  whatsoever  kind  which  will  or  may 
aid  in  the  elimination  of  the  adult  illiteracy  of  the  State  and  to  do 
or  perform  any  other  act  which  in  their  discretion  will  contribute  to 
the  elimination  of  the  State's  adult  illiteracy  by  means  of  education, 
instruction  and  enlightenment;  and  said  commission  shall  be  em- 
powered to  receive,  accept,  hold,  own,  distribute  and  expend  to  the 
end  of  educating,  instructing,  enlightening  and  assisting  in  the  edu- 
cation, instruction  and  enlightenment  of  illiterate  persons  in  the 
State  of  Kentucky,  any  and  all  funds  or  any  other  thing  of  value, 
with  which  it  may  be  endowed  or  may  otherwise  receive,  and  in  the 
expenditure  and  disbursement  thereof,  said  commission  shall  be 
controlled  by  such  expedient  and  discreet  regulations  as  it  may  from, 
time  to  time  adopt;  provided,  hov/ever,  that  any  and  all  funds  which 
may  come  to  the  hands  of  said  commission  shall  be  expended  in 
keeping  with  the  general  purposes  of  this  act. 

§  366.  Commission  to  Adopt  Rules. — Said  commission  shall 
adopt  such  rules  and  regulations  as  may  seem  expedient  to  it  for 
the  carrying  on  of  its  business  in  the  manner  which  shall  seem  to  it 
most  systematic  and  satisfactory. 

§  367.  Members  of  Commission  Receive  No  Salary — Expenses 
to  be  Paid. — The  members  of  this  commission  shall  receive  no  com- 
pensation for  their  services,  but  they  shall  be  reimbursed  out  of 
any  funds  which  shall  come  into  the  hands  of  the  commission  for 
the  use  of  said  commission,  for  their  actual  expenses  incurred  in  the 
performance  of  their  duties,  same  to  be  paid  monthly,  upon  vouchers 
duly  approved  by  the  commission,  signed  by  the  secretary  and  coun- 
tersigned by  the  president. 

§  368.  That  there  is  hereby  appropriated  to  the  Kentucky  Il- 
literacy Commission  the  sum  of  five  thousand  dollars  ($5,000.00)  for 
the  fiscal  year  ending  June  30,  1916,  and  the  sum  of  five  thousand 
dollars  ($5,000.00)  for  each  fiscal  year  ending  June  30,  1917,  to  be 
paid  to  said  commission  from  time  to  time  upon  warrants  signed  by 
the  president  and  secretary  thereof  drawn  upon  the  auditor  who 
shall  draw  his  warrant  upon  the  Treasurer. 

(1)  The  fund  thus  appropriated  shall  be  expended  for  such 
clerical  help,  county  field  agents  and  other  legitimate  expenses  as 
may  be  necessary  in  the  efficient  and  economic  methods  of  teaching 
illiterate  men  and  women.  Provided,  however,  that  no  part  of  the 


148  KENTUCKY   SCHOOL  LAWS  1916. 

money  herein  appropriated  shall  be  applied  or  be  used  to  pay  a 
salary,  or  any  part  of  a  salary,  to  any  member  of  the  Kentucky  Il- 
literacy Commission. 

(2)  The  Kentucky  Illiteracy  Commission,  to  enable  it  to  expend 
the  money  herein  appropriated  intelligently  and  economically,  shall 
have  taken  a  census  of  the  illiterates  of  the  various  counties  of  the 
State  whose  age  is  over  twenty  years;  and  it  shall  be  the  duty  of  the 
school  trustees  of  the  various  school  subdistricts  to  take  such  census 
and  to  report  it  to  the  County  Superintendent  of  Schools  of  their 
respective  counties,  at  the  same  time  that  he  reports  the  census  of 
the  pupil  children  thereof.  That  the  County  Superintendent  of 
Schools  shall  report  such  census  of  illiterates  to  the  Kentucky  Illit- 
eracy Commission  on  or  before  the  30th  day  of  June  of  each  year,  on 
blanks  to  be  furnished  by  the  Commission  for  that  purpose. 


SCHOOL  TEXT  BOOK.  149 

CHAPTER  XXVI. 

SCHOOL  TEXT-BOOK  LAW. 

§  369.  Members  of  Commission. — There  is  hereby  created  a  State 
Text-book  Commission  to  be  composed  of  the  following  members: 

The  Governor,  who  shall  be  ex-officio  chairman  of  said  commission; 
the  Superintendent  of  Public  Instruction,  who  shall  be  ex-officio  sec- 
retary of  said  commission;  one  member  of  the  faculty  of  each  of 
the  State  Normal  Schools  at  Richmond  and  Bowling  Green;  one  mem- 
ber of  the  faculty  of  the  State  University,  and  one  educator  of  high 
qualifications,  actually  engaged  in  educational  work,  from  each  of  the 
appellate  court  districts.  All  members  except  the  two  ex-oft'icio  mem- 
oers  shall  be  appointed  by  the  Governor  in  the  month  of  April,  in  the 
year,  1914,  and  every  four  years  thereafter.  Said  appointive  members 
shall  serve  for  a  term  of  four  years  from  and  after  their  appointment, 
and  any  vacancies  on  said  commission  shall  be  filled  in  the  same 
manner  as  original  membership  is  determined. 

§  370.  Oath  of  Office. — Each  member  of  said  commission  shall 
qualify  by  taking  and  subscribing  to  an  oath  faithfully  to  discharge  his 
duties  as  required  by  this  law,  and  the  said  affidavit  shall  be  filed, 
in  writing,  in  the  office  of  the  Superintendent  of  Public  Instruction. 

§  371.  Meetings  of  Commission — Election  of  Secretary. — The 
members  of  the  State  Text-book  Commission  as  thus  constituted  shall 
meet  on  the  call  of  the  chairman,  or  on  a  call  signed  by  a  majority  of 
the  members,  in  the  office  of  the  chairman,  within  four  weeks  after  the 
date  of  their  appointment  of  the  years  in  which  existing  contracts 
expire,  and  shall  organize  at  the  April  meeting  of  said  commission. 
The  commission  shall  elect  a  secretary,  who  shall  keep  complete 
records  of  all  meetings,  and  all  such  records  and  all  contracts  shall 
be  signed  b/  the  chairman  and  secretary. 

§  372.  Advertise  for  Bids. — The  State  Text-book  Commission 
shall  advertise  in  one  or  more  daily,  or  other  newspapers,  or  by  writ- 
ten notification  to  all  qualified  publishers,  as  hereinafter  provided,  that 
at  a  time  fixed  in  the  notice,  and  at  a  place  fixed  definitely  in  the 
notice,  sealed  bids  or  proposals  will  be  received  from  the  publishers 
of  school  text-books  for  furnishing  books  to  the  common  schools  and 
the  high  schools  of  the  State  of  Kentucky,  in  accordance  with  the 
provisions  of  this  law  and  such  regulations  as  the  commission  may 
prescribe.  Such  advertisement  or  notification  shall  reserve  to  the 
commission  the  right  to  reject  any  and  all  bids.  ' 

§  373.  Bids  to  Supply  Books. — Such  bids  and  proposals  shall  be 
for  furnishing  books  during  a  period  of  five  years.  The  bids  shall 
state  specifically  the  list  price,  the  net  contract  prices  at  which  books 
are  to  be  furnished  to  dealers  within  a  county,  and  the  exchange 


150  KENTUCKY   SCHOOL  LAWS  1916. 

and  retail  prices  to  pupils,  and  shall  be  accompanied  by  a  specimen 
copy  of  every  book  proposed  to  be  furnished.  All  bids  shall  be  sealed 
and  deposited  with  the  chairman  of  the  commission  to  be  by  him 
delivered  to  the  commission  in  executive  session,  when  they  shall  be 
opened  in  the  presence  of  the  commission.  It  shall  be  the  duty  of 
the  chairman  of  the  commission  to  carefully  preserve  in  his  office 
for  comparison  the  specimen  copy  of  each  of  the  books  adopted, 
together  with  the  original  bid  or  proposal,  and  when  requested  to 
return  to  the  publishers  the  specimen  copies  of  other  books  submitted 
at  their  expense.  Provided,  however,  that  when  the  present  contracts 
now  existing  for  the  furnishing  of  text  books  shall  have  expired  by 
the  terms  thereof  the  commission  shall  arrange  for  a  continuance  of 
such  contracts  until  new  contracts  may  be  entered  into  as  required 
by  this  act,  but  the  commission  may  make  a  new  adoption  as  required 
by  law  on  not  exceeding  three  branches  in  any  one  year,  and  when 
an  adoption  is  made  the  contract  shall  be  for  the  furnishing  of  such 
books  for  a  period  not  to  exceed  five  years,  and  the  commission  shall 
make  a  gradual  change  in  the  text  books,  if  any  change  is  deemed 
necessary,  from  year  to  year  until  there  has  been  a  complete  new 
adoption,  and  when  such  new  adoption  is  made  in  each  instance  the 
contract  shall  provide  for  the  furnishing  of  text  books  for  a  period 
not  less  than  five  years.  At  the  expiration  of  any  new  contract  an- 
other adoption  may  be  made  for  the  same  branches  for  a  period  not 
less  than  five  years. 

§  374.  Commission  May  Reject  Bids. — The  commission  shall 
h'ave  and  reserve  the  right  to  i  eject  any  and  all  bids  for  reasons 
satisfactory  to  a  majcrity  of  the  commission.  In  case  of  failure  to 
select,  from  the  bids  submitted,  a  satisfactory  text-book  upon  any 
of  the  branches  prescribed  by  law,  the  commission  shall  re-advertise 
for  sealed  bids  under  the  same  terms  and  conditions,  and  proceed  with 
the  adoption  as  in  the  first  instance. 

§  375.  Adoption  tc  be  Made — Cities  Exempt. — It  shall  be  the 
duty  of  the  said  commission  in  the  years  in  which  existing  con- 
tracts expire,  by  a  majority  vote  of  the  entire  commission,  to  adopt 
from  the  authorized  State  list  of  books  submitted,  as  hereinafter 
provided,  a  uniform  series  or  system  of  text-books  for  use  in  the 
common  schools  and  the  high  schools  of  the  State,  except  in  cities 
of  the  first,  second,  third  and  fourth  classes,  and  to  arrange  for  the 
distribution  and  sale  of  such  books  to  dealers  at  the  net  contract 
price.  The  commission  may  from  time  to  time  make  any  regulations 
not  contrary  to  the  provisions  of  this  act  to  secure  the  prompt  and 
faithful  performance  of  all  contracts,  and  the  prompt  distribution  of 
the  books  herein  provided  for. 

§  376.  Cities  Exempt. — The  provisions  of  this  act  shall  not  apply 
to  the  boards  of  education  in  cities  of  the  first,  second,  third  and 
fourth  class,  but  the  Act  of  1910  regarding  cities  of  the  first, 


SCHOOL  TEXT  BOOK.  151 

third  and  fourth  class,  and  the  Act  of  1912  regarding  cities  of  the 
second  class  shall  be  and  remain  in  force  unaffected  by  this  act. 

§  377.  Merits  of  Books  to  be  Considered. — The  commission,  in 
the  selection  and  adoption  of  a  uniform  series  of  text-books  for  the 
State,  shall  consider  the  merits  of  the  books,  taking  into  considera- 
tion their  subject  matter,  the  printing,  binding,  material  and  me- 
chanical qualities,  their  general  suitability,  and  desirability  for  the 
purposes  intended,  and  the  price. 

§  378.  Branches  of  Study  Included. — The  uniform  series  of  text 
books  to  be  selected  by  the  commission  shall  include  all  branches  re- 
quired or  that  may  here'after  be  required  by  law  to  be  taught  in  the 
common,  elementary  and  high  schools  of  the  State,  except  as  herein 
provided;  and  no  text  book  shall  contain  anything  of  a  partisan,  sec- 
tional  or  sectarian  character. 

§  379.  Contracts  to  be  Awarded. — After  the  "adoption  shall  have 
been  made  the  commission  shall  award  the  contracts,  and  shall,  by 
registered  letter,  notify  the  bidders  to  whom  contracts  may  have 
been  awarded.  It  shall  be  stipulated  in  all  contracts  that  the  retail 
prices  sh'all  not  exceed  the  retail  prices  at  which  the  same  book  or 
books  are  sold  in  any  State,  county,  township  or  school  district  in 
the  United  States. 

§  380.  Contract  to  be  Supplied  by  Superintendent  of  Public  In- 
struction.— It  shall  be  the  duty  of  the  State  Superintendent  of  Public 
Instruction  to  prepare  and  have  printed  a  form  of  contract  between 
the  State  Text-book  Commission  and  the  publishers  of  school  books, 
said  form  of  contract  to  be  approved  by  the  Attorney  General,  and 
no  other  form  of  contract  sh'all  be  used  by  the  State  Text-book  Com- 
mission and  publishers  in  carrying  out  the  provisions  of  this  act. 

§  381.  State  of  Kentucky  Not  Liable  on  Contract.— It  shall  al- 
ways be  a  part  of  the  terms  and  conditions  of  every  contract  made 
in  pursuance  of  this  act,  that  the  Commonwealth  of  Kentucky  shall 
not  be  liable  to  any  contractor  or  book  company  in  any  manner 
whatever,  for  any  sum  of  money,  and  all  such  contractors  or  book 
companies  shall  receive  their  pay  and  compensation  solely  and  ex- 
clusively from  the  proceeds  of  the  sale  of  said  books,  as  provided 
for  in  this  act. 

§  382.  Dealers  to  be  Appointed. — For  the  distribution  and  sale 
of  books  adopted  by  the  State  Text-book  Commission  to  the  patrons 
of  the  schools  of  the  State,  the  County  Board  of  Education  or  the 
City  Board  of  Education,  as  herein  provided,  shall  appoint  one  or 
more  responsible  merchant  or  persons  or  other  agent  in  each  educa- 
tional division  in  every  county  of  the  State  selected  with  reference 
to  the  convenience  of  the  patrons  of  the  schools  as  dealers  of  text 
books,  and  such  dealers  shall  receive  fifteen  per  cent,  of  the  retail 
price  at  which  the  same  books  are  sold,  and  out  of  the  said  fifteen 
per  cent,  of  the  retail  price  at  which  said  books  are  sold  such  dealer 


152  KENTUCKY   SCHOOL  LAWS   1916. 

shall  pay  the  transportation  charges  and  all  other  charges  on  the 
said  books.  Such  dealers  shall  be  of  good  financial  rating,  but  no 
contractor  shall  have  the  right  to  refuse  to  furnish  books  to  such 
dealer  on  the  ground  that  his  financial  rating  is  not  good  in  the 
event  such  dealer  executes  a  bond  approved  by  the  County  Superin- 
tendent for  the  faithful  performance  of  his  duties,  and  that  he  will 
well  and  truly  pay  ever  to  such  contractor  'all  money  coming  into 
his  hands  belonging  to  the  contractor. 

Said  dealers  shall  exchange  new  books  for  old  ones  of  the 
same  grade  displaced  by  said  adoption,  at  the  exchange  price  herein 
provided  for,  during  the  first  year  of  the  life  of  each  and  every  con- 
tr"act  made  under  the  provisions  of  this  act.  All  bids  and  proposals 
shall  set  out  clearly  and  specifically  an  exchange  price  at  which 
such  book  or  books  shall  be  furnished  to  pupils  and  patrons  who 
may  have  old  books  on  the  same  subject,  and  which  may  be  ex- 
changed for  new  books,  and  the  exchange  prices  shall,  in  all  cases, 
be  subject  to  the  terms  of  the  contract  made  between  the  State  and 
any  publisher  bidding.  Such  new  books  as  are  held  in  Kentucky  now 
or  at  any  future  adoption  by  purchase  by  dealers,  and  in  good  con- 
dition, shall  be  take  a  in  exchange  at  the  original  net  price  by  suc- 
cessful bidders  from  such  dealers  as  held  in  stock  such  books. 

§  383.  Price  of  Books  to  be  Printed  on  Cover — Penalty  for  Vio- 
lation of  Selling  Price. — There  shall  be  placed  in  clear,  readable  type, 
on  the  outside  cover  of  the  back  of  every  book  sold  in  the  State 
under  the  terms  of  this  act,  the  retail  price  and  the  exchange  price 
of  said  book,  with  the  following  caution  to  the  public,  to-wit:  "The 
prices  printed  hereon  are  fixed  by  State  contract  and  any  higher 
prices  are  unlawful;  any  deviation  therefrom  should  be  reported  to 
your  County  Superintendent  or  to  the  State  Text-book  Commission 
at  Frankfort." 

Any  agent  or  dealer,  clerk  or  ether  person  having  or  selling  books 
adopted  under  this  act,  who  shall  ask  or  receive  for  any  such  book 
more  than  the  lawful  price  therefor,  as  herein  defined,  or  who  shall 
refuse  to  exchange  new  books  for  old  at  the  exchange  price  herein 
provided  for,  during  the  said  exchange  period,  or  who  shall  refuse 
to  receive  from  patrons  or  pupils  books  owned  by  them  that  were 
adopted  under  such  laws  as  are  now  in  force  in  the  State  of  Ken- 
tucky prior  to  this  act,  and  used  in  the  common  and  high  schools 
of  this  State  and  to  allow  to  them  the  exchange  value  thereof  for 
such  old  books  in  exchange  for  the  corresponding  new  books  of  the 
same  gr"ade,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  in  a  sum  of  not  less  than  one  hundred  dollars  nor  more 
than  one  thousand  dollars,  and  such  fine  shall  be  covered  into  the 
school  fund  of  the  county  in  which  same  is  assessed.  And  this  sec- 
tion shall  apply  to  all  future  State  adoptions  of  text-books  in  Ken- 
tucky, as  herein  provided  under  this  act. 


SCHOOL  TEXT  BOOK.  153 

§  384.  Commission  to  Make  Printed  Lists.— On  or  before  the 
first  d'ay  of  August  of  each  year  it  shall  be  the  duty  of  the  State 
Board  of  Education  to  have  printed  a  complete  list  of  all  the  books 
adopted  under  the  provisions  of  this  act,  stating  the  net  contract 
price,  the  exchange  and  the  retail  price  of  each,  and  to  distribute 
such  lists  to  County  Superintendents  in  such  quantity  as  they  may 
request.  It  shall  be  the  duty  of  the  County  Superintendent  in  each 
county  to  furnish  such  lists  to  all  dealers  and  the  principal  teachers 
of  all  schools  in  the  county,  and  such  dealers  and  teachers  shall  post 
the  same  conspicuously  in  their  sales  rooms  or  school  houses.  Failure 
to  comply  with  the  provisions  of  this  section  by  any  of  the  parties 
herein  named  shall  be  punishable  by  a  fine  of  not  less  than  ten 
dollars  nor  more  than  twenty  dollars,  and  upon  conviction  said  fine 
shall  be  covered  into  the  school  fund  of  the  county  in  which  such 
fine  is  assessed. 

§  385.  Text-books  Excluded— Supplementary  Books  May  be 
Used. — The  books  adopted  by  the  commission  as  the  uniform  system 
of  text-books  for  the  State,  shall  be  introduced  and  used  as  text- 
books to  the  exclusion  of  all  others  in  all  the  common  schools  and 
high  schools  of  the  State,  except  as  herein  provided,  for  a  period  of 
five  years  from  the  date  of  adoption,  and  it  shall  not  be  lawful  for 
any  teacher  or  other  school  officer  to  use  or  for  any  board  of  edu- 
cation to  permit  to  be  used,  any  books  upon  the  same  branches 
other  than  those  adopted  by  the  commission.  However,  nothing 
herein  shall  prevent  the  use  of  supplementary  text-books,  but  such 
supplementary  books  shall  not  be  used  to  the  exclusion  of  the  books 
prescribed  under  the  provisions  of  this  act.  Any  member  or  mem- 
bers of  any  board  of  education,  any  trustee  or  teacher,  violating  the 
provisions  of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  uopn  conviction  be  punished  by  a  fine  of  not  less  than  ten  dol- 
lars nor  more  than  fifty  dollars,  and  all  such  fines  shall  be  covered 
into  the  treasury  to  the  credit  of  the  school  fund  of  the  county  in 
which  such  fine  may  be  assessed. 

§  386.  Copies  of  Text-books  to  be  Filed — Agreement  to  (Reduce 
Prices. — Before  the  publishers  of  any  school  text-book  shall  offer  or 
submit  bids  or  proposals  to  the  State  Text-book  Commission  for  fur- 
nishing books  to  the  common  schools  of  the  State,  such  publisher 
or  publishers  shall  file  a  copy  of  the  text-book  in  the  office  of  the 
State  Superintendent  of  Public  Instruction  with  a  sworn  statement 
of  the  lowest  net  price  at  which  said  book  is  sold  anywhere  in  the 
United  States.  Said  publisher  shall  file  with  the  State  Superintendent 
of  Public  Instruction,  as  chairman  of  the  State  Text-book  Commis- 
sion, a  written  agreement  to  furnish  said  book  or  books  to  the  deal- 
ers in  the  State,  as  hereinbefore  provided,  at  the  prices  so  filed,  ex- 
clusive of  transportation  charges.  Said  publisher  must  further  agree 
to  reduce  said  prices  in  Kentucky  if  reductions  are  made  elsewhere 


154  KENTUCKY  SCHOOL  LAWS  1916. 

in  the  United  States,  so  that  at  no  time  may  any  book  be  sold  in 
Kentucky  by  the  contractor  at  a  higher  net  price  than  is  received 
for  the  s'ame  book  elsewhere.  Said  publisher  shall  agree  further 
that  all  books  offered  for  sale  in  Kentucky  shall  be  equal  in  quality 
to  those  deposited  in  the  office  of  the  State  Superintendent  of  Public 
Instruction,  as  regards  paper,  binding,  printing,  illustrations  and  all 
points  that  may  affect  the  value  of  said  books. 

§  387.  Penalty  for  Sale  of  Inferior  Books.— If  any  publisher  shall 
furnish  to  any  dealer  or  agent  in  this  State  any  book  or  books  in- 
ferior in  any  particular  to  the  samples  on  file  in  the  office  of  the 
State  Superintendent  of  Public  Instruction,  or  shall  offer  them  at 
higher  prices  than  those  listed  with  the  State  Superintendent  of  Pub- 
lic Instruction,  it  shall  become  the  duty  of  the  State  Board  of  Educa- 
tion of  the  State  of  Kentucky  to  authorize  the  State  Superintendent 
of  Public  Instruction  to  investigate  the  failure  of  said  publisher  to 
comply  with  the  terms  of  his  contract.  The  State  Superintendent 
shall  thereupon  notify  the  publisher  of  said  non-compliance  with  the 
terms  of  his  contract,  and  if  said  publisher  shall  disregard  the  noti- 
fication and  fail  immediately  to  comply  with  the  terms  of  his  contract 
with  the  State  through  the  State  Text-book  Commission,  then  the 
State  Superintendent  shall  institute,  through  the  Attorney  General 
of  the  State,  legal  proceedings  and  prosecutions  to  recover  damages 
and  proper  relief  on  the  bond  of  the  said  publisher. 

§  388.  Filing  Fees  to  be  Paid  by  Publisher — Expenses  of  Com- 
mission to  be  Paid  by  Superintendent  of  Public  Instruction. — When 
the  publisher  of  any  school  text-book  or  books  shall  offer  the  same 
for  the  purpose  of  submitting  bids  and  proposals  to  furnish  same  to 
the  schools  of  Kentucky,  as  herein  provided,  to  the  State  Text-book 
Commission,  and  at  the  time  of  filing  such  text-book  in  the  office  of 
the  State  Superintendent  of  Public  Instruction,  said  publisher  shall 
pay  into  the  treasury  of  the  State  of  Kentucky  a  filing  fee  of  five  dol- 
lars for  each  book  offered  by  said  publisher;  provided,  that  when 
a  series  of  books  by  the  same  author  and  upon  the  same  subject  is 
offered  for  adoption,  the  publisher  may  file  a  fee  of  five  dollars  for 
the  first  book  and  one-dollar  for  e'ach  additional  book  in  said  series, 
and  when  such  series  embrace  both  common  and  high  school  text- 
books, it  shall  be  regarded  as  two  series.  The  fees  thus  received 
shall  constitute  a  fund  out  of  which,  upon  requisition  made  by  the 
State  Superintendent  of  Public  Instruction,  shall  be  paid  the  ex- 
penses of  publishing  lists  and  other  information  for  the  use  of  the 
State  Text-book  Commission,  clerk  hire  and  other  necessary  expenses 
in  connection  with  the  filing  of  all  text-books  submitted  for  'adoption 
in  the  State  of  Kentucky,  and  further,  for  defraying  the  actual  neces- 
sary traveling  expenses  of  those  members  of  the  State  Text-book 
Commission  who  do  not  now  draw  salaries  or  derive  other  emolu- 
ments as  officials  of  the  State.  If  there  should  be  any  balance  of 


SCHOOL  TEXT  BOOK.  155 

such  fund  remaining  upon  the  first  day  of  January  of  the  fifth  year 
following  the  completion  of  the  adoption  of  text-books,  it  shall  be 
placed  to  the  credit  of  the  State  school  fund. 

§  389.  Oath  Not  to  Control  Prices. — When  any  publisher  of 
school  text-books  shall  file  with  the  State  Superintendent  of  Public 
Instruction  samples  and  lists  provided  for  under  this  act,  said  pub- 
lisher at  the  same  time  shall  be  required  to  file  a  sworn  statement 
that  he  h'as  no  understanding  or  agreement  of  any  kind  with  any 
other  publisher,  or  interest  in  the  business  of  any  other  publisher, 
with  the  effect,  design  or  intent  to  control  the  prices  of  such  books, 
or  to  restrict  competition  in  the  adoption  or  sale  thereof. 

§  390.  Penalty  for  Violation  of  Oath.— If  at  any  time  a  pub- 
lisher shall  enter  into  any  understanding,  agreement  or  combination 
to  control  the  prices,  or  to  restrict  competition  in  the  adoption  or 
sale  of  school  text-books,  or  if  the  statement  required  of  said  pub- 
lisher in  the  preceding  sections  shall  be  untrue  in  any  respect,  then 
the  Attorney  General  shall  institute  and  prosecute  legal  proceedings 
for  the  forfeiture  of  the  bond  of  said  publisher,  and  for  the  revoca- 
tion of  his  authority  to  sell  school  books  in  the  State  of  Kentucky, 
and  all  contracts  made  by  said  publisher  under  this  act  shall  there- 
upon become  null  and  void,  at  the  option  of  the  State  Board  of  Edu- 
cation. 

§  391.  Penalty  for  Bribery— Money  Not  to  be  Contributed.— 
Any  firm  or  corporation  publishing  text-books  and  qualified  to  sell 
text-books  under  this  act  in  the  State  of  Kentucky,  under  contract 
made  with  the  State  Text-book  Commission,  who  shall  directly  or 
indirectly  contribute  any  money  or  thing  of  value  whatever  to  the 
campaign  fund  of  any  politic'al  party,  or  to  the  campaign  fund  of 
any  person  who  is  a  candidate  for  office  in  this  State,  or  in  any  dis- 
trict, city  or  county  thereof,  or  to  the  campaign  fund  of  any  person 
who  is  a  candidate  for  nomination  for  office  in  this  State,  or  in  any 
district,  county  or  city  thereof,  or  shall  give  any  money  or  valuable 
property  whatsoever  to  any  member  of  the  State  Text-book  Commis- 
sion, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  less  than  five  thousand  dollars 
nor  more  than  twenty  thousand  dollars,  in  the  discretion  of  the 
jury,  and  such  act  on  the  part  of  said  firm,  corporation  or  publisher, 
or  any  agent  thereof,  shall  also  be  considered  a  breach  of  the  bond 
made  by  said  firm,  corporation  or  publisher,  with  the  State,  and  the 
venue  of  the  action  shall  be  within  any  county  in  the  State  wherein 
said  act  w'as  committed,  or  in  the  Franklin  Circuit  Court,  and  the 
State  Board  of  Education  or  any  member  of  the  State  Text-book 
Commission,  or  any  citizen  of  the  State  of  Kentucky  in  any  county 
where  the  offense  is  committed,  shall  have  the  right  to  prosecute  by 
legal  process  an  action  for  the  breach  of  said  bond,  and  the  amount 


156  KENTUCKY  SCHOOL  LAWS  1916. 

so  recovered  for  sucn  fines  and  for  such  bre'ach  shall  be  turned  over 
to  the  treasury  of  Kentucky  for  the  benefit  of  the  State  school  fund. 

§  392.  Penalty  for  Member  of  Commission  Who  Accepts  Bribe — 
Any  member  of  the  State  Text-book  Commission  who  shall  solicit, 
accept  or  receive  any  money,  gift  or  any  other  property  of  value,  or 
favor  whatsoever,  from  any  person,  firm,  corporation  or  publisher 
qualified  to  sell  text-books  in  Kentucky,  or  from  any  agent  thereof,  or 
any  other  person  in  any  way  interested  in  the  sale  of  text-books, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  by  im- 
prisonment in  the  county  jail  for  not  more  than  six  months,  or  by 
both  such  fine  and  imprisonment;  and  such  fine  shall  be  turned  over 
to  the  Treasury  of  the  State  of  Kentucky  for  the  benefit  of  the  school 
fund  of  the  State. 

§  393.  Penalty  for  Teacher  In  Bribing  Commission. — Any  teacher 
or  educator  in  the  employment  of  any  book  company,  or  publisher 
of  school  books,  who  shall  either  directly  or  indirectly  use  his  in- 
fluence or  attempts  to  influence  the  State  Text-book  Commission  or 
any  member  thereof,  for  the  adoption  of  any  book  or  books  shall  be 
deemed  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  fined 
not  less  than  one  hundred  dollars  or  more  than  five  hundred  dollars 
unless  he  shall  have  legistered  with  the  chairman  of  the  State  Text- 
book Commission  stating  whether  or  not  he  has  been  employed  by 
any  school  book  company  or  publisher  of  school  books,  if  so  with 
what  company  and  the  terms  and  conditions  of  his  employment. 

§  394.  Commission  in  Executive  Session — Publisher  Excluded— 
Penalty. — The  State  Text-book  Commission  shall  have  authority,  after 
having  examined  thoroughly  all  books  submitted  for  adoption,  to  go 
into  executive  session  and  exclude  'all  agents  of  all  publishers,  after 
a  date  set  by  said  ccmmission,  from  further  interviews  and  repre- 
sentations, and  it  shall  be  a  misdemeanor,  after  such  date  has  been 
declared,  for  the  agent  of  any  publisher,  or  for  any  person  or  agent 
whatever,  representing  such  publisher,  to  be  present  in  any  such  ex- 
ecutive sessions,  'and  upon  being  found  guilty,  such  agent,  person  or 
publisher  shall  be  punished  by  a  fine  of  not  less  than  one  thousand 
dollars  nor  more  than  ten  thousand  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  more  than  six  months,  or  by  both  such  fine 
and  imprisonment;  and  all  such  fines  shall  be  covered  into  the  Treas- 
ury of  Kentucky  for  the  benefit  of  the  State  school  fund. 

§  395.  Bond  to  be  Filed  by  Publisher.— To  insure  compliance 
with  the  aforesaid  conditions  under  which  school  text-books  may  be 
sold  in  the  State  of  Kentucky,  the  publisher  shall  file  with  the  State 
Board  of  Education  of  Kentucky  a  bond  of  not  less  than  ten  thousand 
dollars  nor  more  than  fifty  thousand  dollars,  the  amount  to  be  fixed 
by  the  State  Board  of  Education  upon  compliance  with  the  pro- 
visions cf  the  preceding  sections,  and  the  bond  to  be  approved  by  the 


SCHOOL  TEXT  BOOK.  157 

said  board.  The  publisher  shall  thereupon  be  qualified  to  sell  books 
as  herein  provided  in  this  act,  in  the  State  of  Kentucky. 

§  396.  Penalty  for  Failure  to  Qualify. — Any  publisher  who  shall 
offer  for  adoption  to  the  State  Text-book  Commission  any  school  text- 
books of  any  kind,  without  first  qualifying  therefor  under  the  pro- 
visions of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  less  than  five  hundred  dollars  nor  more  than 
five  thousand  dollars,  and  such  fine  shall  be  covered  into  the  treas- 
ury of  the  State  of  Kentucky  for  the  benefit  of  the  State  school  fund. 

§  398.  In  all  years  in  which  text  books  are  selected  and  adopted 
by  the  Text-book  Commission  for  the  elementary  schools  of  Ken- 
tucky said  selection  and  adoption  shall  be  made  not  later  than  the 
first  day  of  May  of  the  year  in  which  such  are  made. 


158  KENTUCKY  SCHOOL  LAWS  1916. 

CHAPTER  XXVII. 

THE  CHILD  LABOR  LAW. 

§  399.  (§  3331  Ky.  St.)  (1)  Age  of  Children  When  Employed.— No 
child  under  fourteen  years  of  age  shall  be  employed,  permitted  or 
suffered  to  work  in  or  in  connection  with  any  factory,  mill,  work- 
shop, mercantile  establishment,  store,  office,  printing  establishment, 
bakery,  laundry,  restaurant,  hotel,  apartment  house,  theatre,  motion 
picture  establishment,  or  in  the  distribution  or  transmission  of  mer- 
chandise or  messages.  It  shall  be  unlawful  for  any  person,  firm,  or 
corporation  to  employ  any  child  under  fourteen  years  of  age  in  any 
business  or  service  whatever  during  any  part  of  the  term  during 
which  the  public  schools  of  the  district  in  which  the  child  resides 
are  in  session.  Nor  shall  any  child  under  fourteen  years  of  age  be 
permitted  to  perform  in  or  appear  upon  the  stage  of  any  theatre, 
motion  picture  establishment  or  other  place  of  public  amusement, 
whether  for  pay  or  not. 

§  400.  (2)  Places  of  Employment — Age — Duty  of  Labor  In- 
spector.— No  child  between  fourteen  and  sixteen  years  of  age  shall 
be  employed,  permitted  or  suffered  to  work  in  or  in  connection  with 
any  factory,  mill,  workshop,  mercantile  establishment,  store,  office, 
printing  establishment,  bakery,  laundry,  restaurant,  hotel,  apart- 
ment house,  theatre,  motion  picture  establishment,  or  in  the  distribu' 
tion  or  transmission  of  merchandise  or  messages,  unless  the  person, 
firm  or  corporation  employing  him  procures  from  the  local  school 
authorities  and  keeps  on  file  and  accessible  to  the  truant  officers  and 
to  the  labor  inspectors,  an  employment  certificate  as  hereinafter 
prescribed,  and  keeps  two  complete  lists  of  all  such  children  em- 
ployed therein,  one  on  file  and  one  conspicuously  posted  near  the 
principal  entrance  of  the  building  in  which  such  children  are  em- 
ployed. On  termination  of  the  employment  of  a  child  so  registered, 
and  whose  certificate  is  so  filed,  such  certificate  shall  be  returned 
by  the  employer  to  the  officer  by  whom  it  was  issued,  within  two  days 
of  the  termination  of  the  employment  of  such  child.  A  labor  in- 
spector may  make  demand  on  an  employer  in  whose  establishment 
a  child  apparently  under  the  age  of  sixteen  years  is  employed  or 
permitted  or  suffered  to  work  and  whose  employment  certificate  is 
not  then  filed  as  required  by  this  act,  that  such  employer  shall  either 
furnish  him,  within  ten  days,  evidence  satisfactory  to  him  that  such 
child  is  in  fact  sixteen  years  of  age  or  over,  or  shall  cease  to  em- 
ploy, or  permit,  or  suffer  such  child  to  work  therein.  A  labor  in- 
spector may  require  from  such  employer  the  same  evidence  of  age 
of  such  child  as  is  required  for  the  issuance  of  an  employment  certifi- 
cate, and  the  employer  furnishing  such  evidence  shall  not  be  re- 


CHILD  LABOR  LAW.  159 

quired  to  furnish  any  further  evidence  of  the  age  of  the  child.  In 
case  such  employer  shall  fail  to  produce  and  deliver  to  the  labor  in- 
spector, within  ten  days  after  such  demand,  such  evidence  of  the  age 
therein  required  of  him,  and  thereafter  continue  to  employ  such 
child,  or  permit  or  suffer  such  child  to  work  in  such  establishment, 
proof  of  the  giving  of  such  notice  and  of  such  failure  to  produce  and 
file  such  evidence  shall  be  prima  facie  evidence  in  any  prosecution 
brought  for  violation  of  the  provision  that  such  child  is  under  six- 
teen years  of  age  and  is  unlawfully  employed. 

§  401.  (3)  Employment  Certificates  to  be  Issued  by  Superin- 
tendent of  Schools. — Employment  certificates  shall  be  issued  only  by 
the  Superintendent  of  Schools  or  by  a  person  authorized  by  him  in 
writing,  acting  in  his  name.  Where  there  is  no  local  Superintendent 
of  Schools  they  shall  be  issued  by  the  County  Superintendent  of 
Schools,  or  by  a  person  so  authorized  by  him. 

§  402.  (4)  Conditions  of  Employment— Evidence  of  Child's 
Age.— The  person  authorized  to  issue  employment  certificates  shall 
not  issue  such  certificate  until  the  child  in  question,  accompanied  by 
its  parent  or  guardian,  has  personally  made  application  to  him 
therefor  and  until  he  has  received,  examined,  approved  and  filed  the 
following  papers  duly  executed:  (1)  The  school  record  of  such  child 
properly  filled  out  and  signed  as  provided  hereinbelow.  (2)  A  duly 
attested  transcript  of  the  birth  certificate  filed  according  to  law  with 
any  officer  charged  with  the  duty  of  recording  births;  or  a  passport, 
or  a  duly  attested  transcript  of  a  certificate  of  baptism  showing  the 
date  of  birth  and  place  of  baptism  of  such  child;  or,  in  case  the  officer 
authorized  to  issue  the  certificate  is  satisfied  that  none  of  such 
proofs  of  age  can  be  produced,  other  evidence  of  age,  such  as  a  duly 
attested  school  census,  or  school  enrollment  record,  or  affidavit  of 
the  parent,  guardian,  or  custodian  of  such  child,  such  as  shall  con- 
vince such  officer  that  the  child  is  fourteen  years  of  age  or  upwards. 
(3)  The  written  statement  of  the  person,  firm  or  corporation  in  whose 
service  the  child  is  about  to  enter,  that  he  intends  to  employ  the 
child,  which  statement  shall  give  the  n'ature  of  the  occupation  for 
which  the  child  is  to  be  employed.  (4)  A  certificate  signed  by  a  phy- 
sician appointed  by  the  school  board,  or  other  public  medical  officer, 
stating  that  such  child  has  been  examined  by  him,  and,  in  his 
opinion,  has  reached  the  normal  development  of  a  child  of  its  age 
and  is  in  sufficiently  sound  health  and  physically  able  to  be  employed 
in  the  work  which  it  intends  to  do.  The  Superintendent  of  Schools 
in  any  city,  town,  ccunty  or  district,  wherever  there  is  one,  and 
where  there  is  none,  then  the  County  Superintendent,  shall,  between 
the  first  and  tenth  days  of  each  month,  transmit  to  the  office  of  the 
labor  inspector  a  report,  which  report  shall  give  (1)  the  name  of 
each  child  to  whom  a  certificate  has  been  issued  in  the  preceding 
month,  together  with  the  name  and  address  of  the  establishment 


160  KENTUCKY   SCHOOL  LAWS   1916. 

where  such  child  was  to  be  employed;  and  (2)  the  name  of  each 
child  to  whom  a  certificate  has  been  denied  in  the  preceding  month, 
together  with  the  ground  of  such  denial.  A  refusal  or  failure  to 
transmit  such  report  by  any  person  charged  under  this  section  with 
the  duty  of  transmitting  same  to  the  labor  inspector  shall  consti- 
tute a  misdemeanor,  punishable  by  a  fine  of  not  more  than  twenty- 
five  dollars  nor  less  than  five  dollars,  to  be  disposed  of  as  provided 
in  the  section  of  this  act  numbered  16. 

§  403.  (5)  School  Record — What  It  Shall  Contain.— The  school 
record  herein  required  shall  be  signed  by  the  principal  or  chief 
teacher  of  the  school  which  such  child  has  last  attended  and  shall  be 
furnished  on  demand,  to  a  child  who,  after  due  examination  and  in- 
vestigation, is  found  to  be  entitled  thereto.  It  shall  contain  a  state- 
ment certifying  that  the  child  has  regularly  attended  a  public  school 
or  school  equivalent  thereto  or  parochial  school  for  not  less  than 
one  hundred  days,  either  during  the  twelve  months  previous  to  ar- 
riving at  the  'age  of  fourteen  years  or  during  the  twelve  months  pre- 
vious to  applying  for  such  school  record,  and  is  able  to  read  intelli- 
gently and  write  legibly  simple  sentences  in  the  English  language, 
and  has  completed  satisfactorily  a  course  of  study  equivalent  to  the 
first  five  yearly  grades  in  reading,  spelling,  writing,  English  lan- 
guage and  geography,  as  established  in  the  graded  schools  of  this 
Commonwealth,  and  is  familiar  with  the  fundamental  operations  of 
arithmetic  up  to  and  including  common  fractions.  Such  school 
record  shall  also  give  the  name,  date  of  birth  and  residence  of  the 
child  as  shown  by  the  records  of  the  school  and  the  name  of  its 
parent,  guardian  or  custodian:  Provided,  however,  that  upon  the  fil- 
ing with  the  person  authorized  to  issue  employment  certificates  of 
the  affidavit  of  the  applicant  or  of  his  or  her  parent,  guardian  or 
custodian  showing  that  diligent  effort  has  been  made  to  obtain  the 
school  record  hereby  required,  and  that  it  cannot  be  obtained,  then 
the  person  authorized  to  issue  the  certificate  m'ay  issue  such  a 
certificate  without  having  received  such  school  record,  if  the  other 
requirements  for  such  certificate  have  been  fulfilled,  but  it  shall  be 
his  duty  in  such  case  to  examine  the  applicant  as  to  his  or  her 
proficiency  in  each  of  the  studies  mentioned  in  this  section,  and  he 
shall  issue  such  certificate  only  after  such  applicant  has  shown  th'at 
he  or  she  has  acquired  a  knowledge  of  said  studies  equivalent  to 
that  imparted  by  a  course  therein  covering  the  first  five  yearly  school 
grades;  in  such  case  the  employment  certificate  shall  show  that 
such  examination  was  had  in  lieu  of  the  filing  of  the  school  report. 
If  the  principal  of  any  reputable  school,  other  than  a  public  school, 
certify  that  a  pupil  has  regularly  attended  his  or  her  school  as  re- 
quired herein  and  has  satisfactorily  completed  a  course  of  study 
equivalent  to  the  first  five  yearly  grades  in  the  public  school,  said 


CHILD    LABOR   LAW.  161 

pupil  shall  be  treated  in  all  respects  as  if  a  pupil  of  the  public 
school. 

§  404.  (6)  Certificate  to  be  Furnished  by  Superintendent  of 
Public  Instruction. — The  printed  form  of  the  certificate  and  other 
papers  required  in  the  issuing  of  employment  certificates  shall  be 
drafted  by  the  State  Superintendent  of  Public  Instruction  and  fur- 
nished by  him  to  the  local  and  County  Superintendents  of  Schools. 

§  405.  (7)  Employment — Limit  of  Time. — No  person  under  the  age 
of  sixteen  years  shall  be  employed  or  suffered  or  permitted  to  work  in, 
about  or  in  connection  with  any  factory,  mill,  workshop,  mercantile 
establishment,  store,  office,  printing  establishment,  b'akery,  laundry, 
restaurant,  hotel,  apartment  house,  theatre,  motion  picture  establish- 
ment, or  in  the  distribution  or  transmission  of  merchandise  or  mes- 
sages, for  more  than  six  days  in  any  one  week,  nor  more  than  forty- 
eight  hours  in  any  one  week,  nor  more  than  eight  hours  in  any  one 
day;  nor  before  the  hour  of  seven  o'clock  in  the  morning  nor  after 
the  hour  of  six  o'clock  in  the  evening  of  any  day;  the  presence  of 
such  child  in  any  such  establishment  during  working  hours  shall  be 
prima  facie  evidence  of  its  employment  therein.  Every  employer  shall 
post  in  a  conspicuous  place  in  every  room  where  such  minors  are 
employed  a  printed  notice  stating  the  hours  required  of  them  each 
day  of  the  week,  the  hours  of  commencing  and  stopping  work,  and  the 
hours  when  the  time  or  times  allowed  for  dinner  or  for  other  meals 
begin  and  end. 

The  printed  form  of  such  notice  shall  be  furnished  by  the  State 
Labor  Inspector,  and  the  employment  of  any  such  minor  for  longer 
time  in  any  day  than  so  stated  shall  be  deemed  a  violation  of  this 
section. 

§  406.  (8)  Truant  Officer— Powers  and  Duties.— The  truant  offi- 
cers may  visit  mines,  factories,  mills,  workshops,  mercantile  estab- 
lishments, stores,  offices,  printing  establishments,  bakeries,  laun- 
dries, restaurants,  hotels,  apartment  houses,  theatres  and  motion 
picture  establishments,  in  their  several  towns  and  cities  and  ascer- 
tain whether  any  minors  are  employed  therein  contrary  to  the  pro- 
visions of  this  act,  and  they  shall  report  any  cases  of  such  illegal 
employment  to  the  Superintendent  of  Schools  and  to  the  Labor  In- 
spector, or  other  authorized  officer  of  the  State.  Labor  inspectors  and 
truant  officers  may  require  that  the  employment  certificates  and 
lists,  provided  for  in  this  act,  of  minors  employed  in  such  establish- 
ments shall  be  produced  for  their  inspection.  Complaints  for  of- 
fenses under  this  act,  except  as  to  the  employment  of  children  in 
mines,  shall  be  brought  by  the  labor  inspector.  The  provisions  of 
this  act  with  regard  to  the  employment  of  children  in  mines  shall 
oe  enforced  by  the  State  Inspector  of  Mines  and  his  assistants,  who 
shall  bring  all  complaints  for  violation  of  the  same. 

S.  L.— 6 


162  KENTUCKY   SCHOOL  LAWS  1916. 

§  407.  (9)  Certain  Employments  Not  to  be  Engaged  in  by  Chil- 
dren.— No  child  under  the  age  of  sixteen  years  shall  be  employed,  per- 
mitted or  suffered  (1)  to  sew  or  to  assist  in  sewing  belts  in  any  ca- 
pacity whatever;  (2)  nor  to  adjust  any  belt  to  any  machinery;  (3) 
nor  to  oil,  wipe  or  clean  machinery;  (4)  nor  to  operate  or  to  assist 
in  operating  any  of  the  following  named  machines:  (a)  circular  or 
band  saws;  (b)  wood  shapers;  (c)  wood  joiners;  (d)  planers;  (e) 
sand-paper  or  wood  polishing  machinery;  (f)  emery  or  polishing 
wheels  used  for  polishing  sheet  metals;  (g)  wood  turning  or  boring 
machinery;  (h)  picker  machines  or  machines  used  in  picking  wool, 
cotton,  hair  or  other  materials;  (i)  carding  machines;  (j)  paper-lace 
machines;  (k)  leather  burnishing  machines;  (1)  job  or  cylinder  print- 
ing presses  operated  by  other  power  than  foot  power;  (m)  boring  or 
drill  presses;  (n)  stamping  m'achines  used  in  sheet  metal  and  tin- 
ware or  in  paper  and  leather  manufacturing,  or  in  washer  and  nut 
factories;  (o)  metal  or  paper  cutting  machines;  (p)  corner  staying 
machines  in  paper  box  factories;  (q)  corrugating  rolls  such  as  are 
used  in  corrugated  paper,  roofing  or  wash-board  factories;  (r)  steam 
boiler,  steam  machinery  or  other  steam  generating  apparatus;  (s) 
dough  brakes  or  cracker  machinery  of  any  description;  (u)  rolling 
mill  machinery;  (v)  power  punches  or  shears;  (w)  washing,  grind- 
ing or  mixing  machinery;  (x)  calendar  rolls  in  paper  and  rubber 
manufacturing;  or  (y)  laundering  machinery;  (5)  nor  work  in  prox- 
imity to  any  hazardous  or  unguarded  belts,  machinery  or  gearing; 
(6)  nor  to  work  upon  any  railroad  whether  steam,  electric  or  hy- 
draulic; (7)  nor  to  operate  or  assist  in  operating  any  passenger  or 
freight  elevator;  (8)  nor  to  work  in  any  capacity  in  processes  in 
which  dangerous  or  poisonous  acids  are  used;  (9)  nor  to  work  in 
any  capacity  in  the  manufacture  or  packing  of  paints,  colors  or  white 
or  red  lead;  (10)  nor  to  work  at  soldering;  (11)  nor  to  work  in  occu- 
pations causing  dust  in  injurious  quantities;  (12)  nor  to  work  in 
the  manufacture  or  use  of  dangerous  or  poisonous  dyes;  (13)  nor  to 
work  in  the  manufacture  or  preparation  of  compositions  with  dan- 
gerous or  poisonous  gases;  (14)  nor  to  work  in  the  manufacture  or 
use  of  compositions  of  lye  in  which  the  quantity  thereof  is  injurious 
to  health;  (15)  nor  to  work  in  any  tunnel  or  excavation;  (16)  nor  to 
work  on  scaffolding;  (17)  nor  to  work  in  any  capacity  in,  about,  or 
in  connection  with  any  mine,  coke  oven  or  quarry;  (18)  nor  to  work 
in  assorting,  manufacturing  or  packing  tobacco;  (19)  nor  to  operate 
any  automobile,  motor  car  or  truck;  (20)  nor  to  work  in  any  bowl- 
ing alley;  (21)  nor  to  work  in  any  pool  or  billiard  room;  (22)  nor  to 
work  in  any  distillery,  brewery,  or  other  establishment  where  malt 
or  alcoholic  liquors  are  manufactured,  packed,  wrapped  or  bottled; 
(23)  nor  to  work  in  t,ny  hotel,  theatre,  concert  hall,  club,  place  of 
amusement,  or  any  ether  establishment  where  intoxicating  liquors 


CHILD  LABOR  LAW.  163 

are  sold;  (24)  nor  to  work  in  any  other  occupation  dangerous  to  the 
life  or  limb  or  injurious  to  the  health  or  morals  of  such  child,  and 
as  to  these  matters  the  decision  of  the  county  physician  or  city 
health  officer,  as  the  case  may  be,  shall  be  final: 

Provided,  however,  that  nothing  in  this  act  shall  prevent  the  use 
of  suitable  machinery  for  purposes  of  instruction  in  schools  where  the 
mechanical  arts  are  taught  in  connection  with  and  as  part  of  the 
usual  school  curriculum.  But  the  use  of  such  machinery  in  any 
school,  whether  public  or  private,  shall  be  subject  to  the  approval  of 
the  Board  of  Education  or  other  governing  school  authority  of  the 
city  or  district  wherein  such  school  is  situated,  and  shall  be  subject 
to  the  provisions  of  this  act  as  to  supplying  safeguards  for  the  pro- 
tection of  those  using  such  machinery. 

§  408.  (10)  Dangerous  Machinery  to  be  Guarded.— It  shall  be 
the  duty  of  the  owner  of  any  manufacturing  establishment  where  any 
person  under  twenty-cne  years  of  age  is  employed,  his  agents, 
superintendents  or  other  persons  in  charge  of  same,  to  furnish  and 
supply,  when  practicable,  or  cause  to  be  furnished  and  supplied  to 
him,  belt  shifters  or  other  safe  mechanical  contrivance  for  the  pur- 
pose of  throwing  belts  on  or  off  pulleys;  and,  whenever  practicable, 
machinery  therein  shall  be  provided  with  loose  belts.  All  vats, 
pans,  saws,  planes,  cogs,  gearings,  belting,  set  screws  and  machinery 
of  every  description  which  is  palpably  dangerous,  shall  be  properly 
guarded  and  no  person  shall  remove  or  make  ineffective  any  safe- 
guard around  or  attached  to  any  such  appliances  or  machinery,  while 
the  same  is  in  use,  unless  for  the  purpose  of  immediately  making  re- 
pairs thereto,  and  all  such  safeguards  shall  be  promptly  replaced. 
No  person  under  eighteen  years  of  age  shall  be  allowed  to  clean 
machinery  while  it  is  in  motion. 

§  409.  (11)  Messengers  Not  to  be  Employed  in  Cities. — In  cit- 
ies of  the  first,  second  or  third  class,  no  person  under  the  age  of 
twenty-one  years  shall  be  employed,  permitted  or  suffered  to  work 
as  a  messenger  for  any  telegraph,  telephone  or  messenger  company 
in  the  distribution,  transmission  or  delivery  of  goods  or  messages 
before  six  o'clock  in  the  morning  or  after  nine  o'clock  in  the  even- 
ing of  any  day. 

§  410.  (12)  Female  Employes  Not  to  Remain  Standing. — No 
female  under  twenty-one  years  of  age  shall  be  employed,  permitted 
or  suffered  to  work  in  any  capacity  in  this  Commonwealth,  where 
such  work  compels  her  to  remain  standing  constantly. 

§  411.  (13)  Walls  of  Factories  to  be  Painted  White.— The  walls 
and  ceiling  of  each  room  in  every  manufacturing  establishment  where 
minors  are  employed  shall  be  lime  washed  or  painted,  when,  in  the 
opinion  of  the  labor  inspector,  it  shall  be  conducive  to  the  health 
or  cleanliness  of  the  persons  working  therein. 


164  KENTUCKY  SCHOOL  LAWS  1916. 

§  412.  (14)  Copies  of  Act  to  be  Posted. — A  copy  of  this  act 
shall  be  conspicuously  posted  and  kept  in  each  workroom  of  every 
mill,  mine,  workshop,  theatre,  bowling  alley,  laundry  or  public  mes- 
senger company,  and  manufacturing,  mercantile  or  printing  estab- 
lishment in  this  Commonwealth. 

§  413.  (15)  Certificates  and  Badges  Issued  to  Children. — No  boy 
under  fourteen  years  of  age,  nor  girl  under  eighteen  years  of  age 
shall  be  employed,  permitted  or  suffered  to  work  at  any  time  in  any 
city  of  the  first,  second  or  third  class  in  or  in  connection  with  the 
street  occupations  of  peddling,  boot-blacking,  the  distribution  or  sale 
of  newspapers,  magazines,  periodicals  or  circulars,  nor  in  any  other 
occupation  pursued  in  any  street  or  public  place.  No  boy  between 
fourteen  and  sixteen  years  of  age  shall  be  employed,  permitted  or 
suffered  to  work  in  any  city  of  the  first,  second  or  third  class  in  or 
in  connection  with  the  street  occupations  of  peddling,  boot-blacking, 
the  distribution  or  sale  of  magazines,  periodicals  or  circulars,  nor  in 
any  other  occupation  pursued  in  any  street  or  public  place  except 
upon  the  following  conditions: 

(A)  Boys  between  fourteen  and  sixteen  years  of  age  shall,  upon 
application  to  the  school  authorities,  as  in  the  case  of  an  employ- 
ment certificate,  and  upon  compliance  with  all  of  the  requirements 
for  the  issuance  of  an  employment  certificate,  be  entitled  to  receive 
from  the  officer  authorized  to  issue  employment  certificates  a  badge, 
which  shall  authorize  the  recipient  to  engage  in  the  trades  or  occu- 
pations above  mentioned  between  the  hours  of  six  o'clock  A.  M.  and 
eight  P.  M.  of  each  day,  but  at  no  other  time.  Such  badge  shall  be 
displayed  conspicuously  by  the  recipient  while  so  engaged  and  shall 
be  renewed  annually  on  the  first  day  of  January.    The  color  of  all 
such  badges  issued  in  the  same  calendar  year  shall  be  the  same  and 
said  color  shall  be  changed  each  year  upon  renewal. 

(B)  Boys  between  fourteen  and  sixteen  years  of  age  who  com- 
ply with  all  of  the  requirements  for  the  issuance  of  an  employment 
certificate  except  the  educational  requirement  (that  is,  the  filing  of  a 
school  record  or  the  passing  of  an  examination  in  lieu  thereof)  shall 
be  entitled  to  receive  from  the  officer  authorized  to  issue  employment 
certificates  a  badge  which  shall  authorize  the  recipient  to  engage  in 
the  above  mentioned  trades  or  occupations  at  such  time  or  times  be- 
tween six  A.  M.  and  e;ght  P.  M.  in  each  day  as  the  public  schools  of 
the  city  or  district  where  such  boy  resides  are  not  in  session,  but  at 
no  other  time.  All  such  badges  issued  in  the  same  calendar  year  shall 
be  of  the  same  color;  but  in  either  form,  design,  or  color  shall  be  so 
different  from  the  badges  issued  to  boys  who  comply  with  the  educa- 
tional requirements  above  mentioned  as  to  be  readily  distinguishable 
therefrom.    Such  badges  shall  be  renewed  annually 'upon  the  first  of 
January,  and  their  color  shall  be  changed  each  year  upon  renewal. 


CHILD  LABOR  LAW.  165 

Any  child  who  shall  engage  in  any  such  street  occupation  in  vio- 
lation of  any  of  the  provisions  of  this  section  shall  be  deemed  delin- 
quent and  shall  be  brought  before  any  court  or  magistrate  having 
jurisdiction  over  juvenile  delinquents,  and  shall  be  dealt  with  accord- 
ing to  law.  The  labor  inspectors,  truant  officers,  police  officers, 
and  juvenile  court  probation  officers  shall  enforce  the  provisions  of 
this  section.  Whoever  furnishes  or  sells  to  any  minor  any  article  of 
any  description  with  the  knowledge  that  s'aid  minor  intends  to  sell 
said  article  in  violation  of  the  provisions  of  this  section,  or  who  shall 
continue  to  furnish  or  sell  articles  of  any  description  to  a  minor  after 
having  received  written  notice  from  any  officer  charged  with  the  en- 
forcement of  this  section,  or  from  the  officer  issuing  the  badge  re- 
quired as  aforesaid,  that  said  minor  is  unlicensed  to  sell  such  article, 
shall  be  punished  by  a  fine  of  not  less  than  fifteen  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 

§  414.  (16)  Penalty  FOP  Violation  of  This  Act.— Whoever  em- 
ploys or  suffers  or  permits  a  child  under  sixteen  years  of  age  to 
work,  and  any  parent,  guardian  or  any  adult  person  under  whose 
care  or  control  a  child  under  such  age  is,  who  suffers  or  permits 
such  child  to  work,  in  violation  of  any  of  the  provisions  of  this  act, 
shall  be  punished  for  the  first  offense  by  a  fine  of  not  less  than  fif- 
teen dollars  nor  more  than  fifty  dollars;  for  a  second  offense  by  a 
fine  of  not  less  than  fifteen  dollars  nor  more  than  one  hundred  dol- 
lars, or  by  imprisonment  for  not  more  than  thirty  days,  or  by  both 
such  fine  and  imprisonment;  for  a  third  or  any  subsequent  offense 
by  a  fine  of  not  less  than  two  hundred  dollars,  or  by  imprisonment 
for  not  less  than  thirty  days,  or  by  both  such  fine  and  imprisonment. 
Whoever  continues  to  employ  any  child  in  violation  of  any  of  the 
provisions  of  this  act  after  having  been  notified  thereof  in  writing 
by  a  truant  officer,  a  labor  inspector  or  other  authorized  officer  shall 
for  every  day  thereafter  that  such  employment  continues,  be  fined 
not  less  than  five  nor  more  th'an  twenty  dollars.  A  failure  to  pro- 
duce to  a  truant  officer  or  labor  inspector  any  employment  certificate 
or  list  required  by  this  act  shall  be  prima  facie  evidence  of  the  illegal 
employment  of  any  person  whose  employment  certificate  is  not  pro- 
duced, or  whose  name  is  not  so  listed.  Any  corporation  or  employer 
retaining  employment  certificates  in  violation  of  section  numbered 
2  of  this  act  shall  be  fined  ten  dollars.  Every  person  authorized  to 
sign  the  certificates  prescribed  by  the  sections  of  this  act  numbered 
2,  3,  and  4,  who  knowingly  certified  to  any  false  statement  therein, 
shall  be  fined  not  more  than  fifty  dollars  nor  less  than  ten  dollars. 

Any  person,  firm  or  corporation  who  hinders  or  delays  any  labor 
inspector,  truant  officer  or  any  other  officer  charged  with  the  en- 
forcement of  any  of  the  provisions  of  this  act,  in  the  performance  of 
his  or  her  duties,  shall  be  punished  by  a  fine  of  not  less  than  fifteen 
nor  more  than  one  hundred  dollars.  Every  fine  imposed  under  this 


166  KENTUCKY  SCHOOL  LAWS  1916. 

law  shall  inure  to  the  benefit  of  the  public  schools  in  the  city,  county, 
town  or  district  in  which  the  violation  may  have  occurred;  and  the 
court  imposing  such  fine  shall  promptly  cause  same  to  be  paid  over  to 
the  proper  school  authorities  entitled  to  receive  other  moneys  ac- 
crying  to  said  schools. 

§  415.  (17)  Outstanding  Certificates  Valid. — Employment  cer- 
tific'ates  issued  and  outstanding  at  the  time  this  act  goes  into  effect 
shall  continue  to  be  valid  and  effective  as  to  all  employments  not 
absolutely  prohibited,  by  this  act  to  children  between  fourteen  and 
sixteen  years  of  age. 


CHAPTER  XXVIII. 

(Section  number  in  parenthesis  refer  to  Ky.   Statutes.) 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 

§  416.  (§  2978a-l)  Board  of  Education  Election.— Every  city  in  this 
State  of  the  first  class  shall  be  and  constitute  a  single  school  district, 
and  the  supervision  and  government  of  common  schools,  kindergarten, 
high  schools,  manual  training  schools  and  normal  schools  and  all  such 
school  property  therein  shall  be  ve-sted  in  a  board  of  five  members 

to  be  known  as  the  "Board  of  Education  of 

Kentucky,"  (in  which  title  the  name  of  such  city  shall  be  inserted). 
Such  Board  of  Education  shall  be  a  body  corporate  and  shall,  by  and 
in  said  name,  sue  and  be  sued,  purchase,  receive,  hold  and  sell  prop- 
erty, do  all  things  necessary  to  accomplish  the  purpose  for'which  such 
school  district  is  organized,  and  succeed  to  all  the  property  rights 
and  privileges  granted  to  and  belonging  to  any  previous  School  Board 
of  such  city:  Provided,  that  all  pending  surts  in  which  any  such  previ- 
ous School  Board  is  a  party,  may  be  prosecuted  to  an  end  in  the  name 
of  such  party. 

§  417.  (§  2978a-2)  Powers  and  Duties. — Every  such  Board  of  Edu- 
cation shall  have  exclusive  control  of  the  common  schools,  including 
kindergartens,  high  schools,  manual  training  schools  and  normal 
schools  as  hereinafter  provided,  and  of  common  school,  property  in -such 
city;  shall  exercise  generally  all  powers  in  the  administration  of  the 
common  school  system  therein,  appoint  sueh  officers,  agents  and  em- 
ployes as  it  may  deem  necessary  and  proper  and  fix  their  compen- 
sation; and  shall  have  power  to  fix  the  time  of  its  meetings,  to  make, 
amend  and  repeal  rules  and  by-laws  for  its  meetings  and  proceedings, 
for  the  government,  regulation  and  management  of  the  common 
schools  and  school  property  in  sueh  city,  for  the  transaction  of  its 
business,  and  for  the  examination,  qualification  and-  employment  of 
teachers,  which  rules  and  by-laws  shall  be  binding  on  such  Board  of 
Education  and  all  parties  dealing  with  it  until  formally  repealed  by 
an  affirmative  vote  of  four  members  of  said  board.  To  .provide  for 
special  and  standing  committees,  and  to  certify  to  the  General  Coun- 
cil the  amount  of  moneyynecessary  for  the  maintenance  and  improve- 
ment of  the  schools  as  hereinafter  provided,  and  to  purchase  and 
hold  all  property,  real  and  personal,  necessary  for  the  purposes  of 
public  education,  to  build  and  construct  improvements  for  such  pur- 
poses, and  to  hold  or  sell  the  same. 

§  418.  (2978a-3)  Reak  Estate — Power  to  Purchase  or  Condemn. — 
It  shall  also  have  power,  when  unable  to  contract  with  the  owner  of 
any  real  estate  necessary  to  the  proper  accomplishment  of  the  pur- 
pose for  which  said  board  is  created,  to  institute  condemnation  pro- 
ceedings in  accordance  with  the  law  governing  railroad  corporations 


168  KENTUCKY   SCHOOL  LAWS  1916. 

incorporated  under  the  laws  of  this  Commonwealth;  and  to  have  in 
such  proceedings  the  same  rights,  powers,  privileges  and  restrictions  as 
are  now  granted  to  or  conferred  upon  such  railroad  corporations. 
Such  Board  of  Education  shall  have  all  the  powers  of  other  school 
distriets  under  the  laws  of  this  State,  except  as  herein  provided. 

§  419.  (§  2978a-4)  Eligibility  of  Members  of  Board.— No  person 
shall  be  eligible  to  the  office  of  member  of  the  Board  of  Education  who 
has  not  attained  the  age  of  thirty  years  and  one  who  is  not  a  house- 
keeper or  is  not  the  owner  of  real  estate  in  said  city,  and  who  is  not  a 
citizen  of  and  a  bona  fide  resident  of  this  Commonwealth  and  of  the 
city  for  which  he  is  elected  for  three  years  next  preceding  the  election; 
or  who  holds  or  discharges  any  office,  deputyship  or  agency  under  the 
city,  or  any  district  or  county,  or  under  the  State  of  Kentucky,  or  any 
department  thereof,  or  under  the  United  States  or  any  foreign  gov- 
ernment, except  that  of  notary  public  or  militia  officer  of  Kentucky. 
No  person  shall  be  eligible  to  this  office  who,  at  the  time  of  his  elec- 
tion, is  directly  or  indirectly  interested  in  any  contract  with  the  board, 
or  who  holds  any  office  of  trust  or  agency  of  or  draws  a  salary  from 
any  corporation  which  holds  any  contract  with  the  board,  or  whose 
father,  son,  brother,  wife,  daughter  or  sister  is  employed  as  teacher, 
or  in  any  other  capacity  by  such  board,  or  in  any  of  the  public  schools, 
or  who  is,  directly  or  indirectly,  interested  in  the  sale  to  the  board 
of  books,  stationery,  or  other  property.  If  he  shall,  after  election, 
become  a  candidate  for  any  office  or  agency  or  for  the  nomination 
thereto,  the  holding  and  discharging  of  which  would  have  rendered 
him  ineligible  before  election,  or  if  he  shall  remove  out  of  the  city  for 
which  he  was  chosen,  or  if  he  shall  do  or  incur  anything  which  would 
have  rendered  him  ineligible  for  election,  or  if  any  of  his  relatives 
above  specified  be  employed  by  the  board,  his  office  shall,  without 
further  action,  be  vacant  and  it  shall  be  filled  as  directed. 

§  420.  (§  2978a-5)  Compensation  of  Members. — No  compensation 
shall  be  paid  to  the  members  of  the  board,  but  they  shall  be  exempt 
from  jury  duty  and  from  service  as  election  officers  during  their  term 
of  office. 

§  421.  (§  2978a-6)  Term  of  Office. — The  members  of  said  Board 
of  Education  shall  be  elected,  except  as  specified  in  section  253  of  this 
Act,  for  the  term  of  four  years  by  the  qualified  voters  of  such  city. 
They  shall  be  elected  from  the  city  at  large,  and  such  election  shall 
be  held  under  the  provisions  of  the  general  laws  governing  city  elec- 
tions, so  far  as  they  are  not  inconsistent  with  the  provisions  of  this 
act. 

§  422.  (§  2978a-7)  Election  by  Secret  Ballot— General  Election 
Law  to  Control. — All  elections  for  members  of  the  Board  of  Education 
shall  be  by  secret  ballot,  and  the  ballot  shall  be  on  a  separate  sheet 
from  all  other  ballots  to  be  used  in  any  election.  It  shall  be  the  duty 
of  the  County  Clerk  of  any  county,  in  which  a  city  of  the  first  class  is 


CITIES  OF  THE  FIRST  CLASS.  169 

situated,  to  cause  to  be  printed  on  said  ballot  the  names  of  all  can- 
didates for  membership  of  the  Board  of  Education  of  such  a  city,  in 
whose  behalf  he  may  be  petitioned  so  to  do  in  writing  by  not  less 
than  four  hundred  electors  of  said  city.  The  petitions  must  be  filed 
in  the  office  of  the  County  Clerk  not  more  than  sixty  days  nor  less 
than  fifteen  days  before  the  day  of  election,  and  each  petition  must 
be  signed  by  the  requisite  number  of  qualified  persons,  and  shall 
show  the  place  of  residence  of  each  person  signing  it,  and  no  person 
shall  sign  more  petitions  than  the  number  of  offices  to  be  filled.  If 
the  nomination  is  to  fill  a  vacancy,  the  petition  shall  so  state.  Where 
the  same  person  shall  be  nominated  for  a  full  term  and  to  fill  a  va- 
cancy, he  shall  be  accepted  as  a  candidate  for  the  full  term.  Said 
ballot  shall  be  in  the  form  prescribed  for  ballots  by  the  general  elec- 
tion law  of  the  State,  except  that  no  party  or  other  emblem  or  dis- 
tinguishing mark  shall  be  placed  upon  said  ballot,  save  the  words, 
"School  Ticket"  at  the  head  thereof;  and  that  the  names  of  all  can- 
didates for  membership  in  the  Board  of  Education  shall  be  printed 
on  said  ballot  in  a  single  column.  The  names  shall  be  'printed  on  the 
first  one  hundred  ballots  as  arranged  in  order  by  lot.  On  each  of 
the  succeeding  one  hundred  ballots  the  names  shall  be  printed  in  the 
same  order,  save  that  the  last  name  on  the  preceding  one  hundred 
ballots  shall  be  shifted  to  the  first  place;  and  so  on  thereafter 
throughout,  a  like  change  being  made  in  the  printed  order  of  names 
for  every  one  hundred  ballots.  As  many  additional  lines  shall  be  left 
blank  as  there  are  members  to  be  elected.  The  provisions  of  the 
general  election  law  of  the  State  of  Kentucky  as  to  the  duties  of 
County  Clerks  and  other  public  officers  in  the  matter  of  printing  and 
distributing  ballots,  of  the  issuing  them  to  voters,  of  receiving  and 
depositing  them  in  the  ballot  boxes,  and  of  counting  and  preserving 
them,  and  in  all  other  particulars,  except  as  otherwise  provided  here- 
in, shall  be  applicable  in  all  respects  to  the  election  of  members  of 
the  Board  of  Education:  Provided,  that  it  shall  be  the  duty  of  the 
Sheriff  of  each  county  in  which  a  city  of  the  first  class  is  situated,  to 
provide  for  each  precinct  in  said  city  a  separate  box  for  the  recep- 
tion of  the  ballots  used  in  the  election  of  members  of  the  Board  of 
Education.  And  provided,  further,  that  it  shall  be  the  duty  of  the 
judge  of  election  of  the  opposite  political  party  to  the  clerk  of  the 
election  in  each  precinct  to  issue  the  school  ballots  in  the  same 
manner  as  other  ballots  are  issued  by  the  clerk  of  election  by  writ- 
ing the  name  and  the  residence  of  the  voter  upon  the  primary  stub, 
and  his  registered  number  upon  the  secondary  stub  of  the  school 
ballot,  and  by  observing,  as  to  these  ballots,  such  other  regulations 
for  the  issue  and  deposit  of  ballots  as  may  be  prescribed  for  elections 
generally.  It  shall  be  unlawful  for  an  election  officer  or  other 
person  within  the  election  booth  to  tell  or  to  indicate  by  word  of 
mouth  or  otherwise  to  a  voter  what  may  be  the  political  affiliations 


170  KENTUCKY   SCHOOL  LAWS   1916. 

of  any  candidate,  and  a  violation  of  this  provision  shall  be  a  misde- 
meanor punishable  by  fine  not  exceeding  two  hundred  dollars. 

§  423.  (§  2978a-8)  Members  to  be  Voted  For. — Each  voter  may 
vote  for  as  many  of  said  candidates  as  there  are  members  to  be 
elected  by  marking  a  cross  in  the  square  opposite  the  name  of  each 
candidate  for  whom  he  wishes  to  vote.  The  candidates,  in  number 
equal  to  the  number  of  members  to  be  chosen,  who  have  the  highest 
number  of  votes  shall  be  declared  elected.  If  at  any  election  a  mem- 
ber is  to  be  chosen  to  fill  a  vacancy  and  to  serve  out  an  unexpired 
term,  candidates  may  be  chosen  as  aoove  provided,  but  they  shall,  in 
all  cases,  be  designated  on  the  ballots  as  candidates  to  fill  a  vacancy, 

and  the  date  of  the  unexpired  term  shall  be  stated. 

A 

§  424.  (§  2978a-9)  Organization  of  Board. — At  the  general  elec- 
tion occurring  in  the  month  of  November,  1910,  five  members  of  the 
Board  of 'Education  shall  be  elected  as -herein  provided.  After  having 
qualified  by  taking  the  oath  as  prescribed  by  law,  they  shall  assume 
office  on  the  first  day  of  January,  1911,  and  shall  meet  at  the  offices 
of  the  present  School*  Board  of  said  city  at  twelve  o'clock  noon,  and 
shall  proceed  to  organize  by  electing  one  of  their  number  president, 
and  another  vice  president.  Within  one  week  after  the  organization  of 
said  board  it  shall  meet  to  divide  its  members  by  lot  in  such  manner 
as  they  shall  determine  into  two  classes,  as  follows:  The  first  class 
consisting  of  two  members,  shall  hold  office  through  the  31st  day  of 
December,  1912,  the  second  class  consisting  of  three  members,  shall 
hold  office  through  the  31st  day  /of  December,  1914.  Thereafter  at 
each  regular  election  held  in  November  of  each  .even  numbered  year, 
members  shall  be  elected  as  hereinbefore  -provided,  to  take  the  place  of 
those  whose  terms  will  next  expire,  and  the  members  so  chosen  shall 
hold  office  for  four  years,  or  until  their  successors  are  elected  and 
qualified. 

§  425.  (§  2978a-10)  President  and  Vice  President  to  be  Elected.— 
At  its  first  regular  meeting  after  the  1st  day  of  January,  in  each  year, 
following  its  original  organization,  said  Board  of  Education  shall 
reorganize  by  electing  one  of  its  members  president,  and  another 
vice  president. 

§  426.  (§  2978a-ll)  Vacancies— How  Filled.— Any  vacancy  in  said 
board,  from  whatever  cause  occurring,  shall  be  temporarily  filled  by 
the  other  members  of  the  board  as  soon  as  practicable  after  such 
vacancy  occurs.  The  member  so  chosen  shall  hold  office  until  his 
successor  is  elected  and  qualified,  subject  to  the  provisions  of  section 
152  of  the  Constitution  of  Kentucky. 

§  427.  (§  2978a-12)  '  Board  of  Education  to  Surrender  School 
Property. — When  members  of  the  Board  of  Education  shall  have  been 
elected,  shall  have  qualified,  and  shall  have  organized  as  hereinbefore 
provided,  thereupon  it  shall  become  the  duty  of  the  existing  School 
Board  and  all  officers,  agents  and  employes,  thereof  to  surrender  their 


CITIES  OF  THE  FIRST  CLASS.  171 

places  and  to  deliver  to  said  Board  of  Education  all  the«common  school 
property,  both  real  and  personal,  of  every  kind  whatsoever,  and  the 
control  and  management  of  the  common  school  affairs  of  such  city: 
Provided,  that  until  such  Board  of  Education  shall  be  organized,  the 
administration  of  the  common  schools  and  the  management  of  school 
property  in  such  city  shall  remain  in  the  control  of  the  existing 
School  Board  in  the  same  manner  and  with  the  same  powers  as 
existed  prior  to  the  passage  of  this  act.  All  rules  and  by-laws  made 
by  any  existing"  School  Board  at  such  time  vested  in  such  city  with 
the  management  of  the  common  schools  shall  continue  in  force,  so 
far  as  consistent  with  this  act  until  repealed  or  altered  by  a  major- 
ity of  such  Board  of  Education.  Provided,  further,  that  the  first 
Board  of  Education  may  continue  the  employment  and  service  of 
any  existing  officers,  teachers,  agents  or  other  employes,  in  their 
several  capacities  in  connection  with  the  administration  off  school 
affairs,  until  such  time  as  they  effect  the  change  of  administrative 
system  applicable  to  the  common  .sehools  as  contemplated  in  this 
act;  and  said  Board  of  Education  may  thereafter  retain  or  remove 
any  agents,  teachers,  janitors,  engineers  or  other  employes  then  ren- 
dering service  in  eonnection  with  the  public  schools  of  said  city. 

§  428.  (§  2978a-13)  Rules  and  By-Laws.— It  shall  be  the  duty  of 
said  Board  of  Education,  within  sixty  days  after  its  organization,  to 
adopt  rules  and  by-laws  for  its  meetings  and  proceedings,  and  for  the 
government,  regulation  and  management  of  the  schools  and  school 
property,  and  for  the  examination,  qualification  and  t  employment  of 
teachers.  And  such  rules  or  by-laws  may  be  changed,  altered,  or  set 
aside,  only  upon  an  affirmative  vote  of  four  (4)  members  of  the  board. 

§  429.  (§  2978a-14)  Appointment  of  Officers.— It  shall  be  the  duty 
of  said  Board  of  Education,  as  soon  as  practicable  after  its  organiza- 
tion, to  appoint  a  Superintendent  of  Schools,  a  Business  Director,  a 
Secretary  and  Treasurer,  and  such  other  officers,  employes  and  agents 
as  it  may  deem  proper.  Provided  that  no  such  .officer,  employe  or 
agent  shall  be  a  member  of  said  board. 

§  430.  (§  2978a-15)  Superintendent  of  Schools  Appointed  for  On« 
Year — Powers  and  Duties. — The  Board  of  Education  shall  appoint  a 
Superintendent  of  Schools  who  shall  serve  for  a  term  of  one  year,  but 
whenever  a  Superintendent  who  shall  have*  served  one  year  shall  be 
re-elected,  his  re-election  shall  be  for  a  term  of  four  years.  His  com- 
pensation shall  not  be  changed  during  the  term  for  which  he  is 
elected.  He  may  be  removed  at  any  time  by  a  vote  of  three-fifths 
of  the  entire  board.  The  Board  of  Education  may,  en  the  nomina- 
tion of  the  Superintendent  of  Schools,  appoint  as  many  Assistant 
Superintendents  as  it  may  deem  necessary,  whose  compensation  shall 
be  fixed  by  the  board,  and  who  may  be  removed  by  the  Superintendent 
with  the  approval  of  the  board.  The  Superintendent  of  Schools  shall 
qualify  by  taking  the  oath  prescribed  by  law.  He  shall  have  general 


172  KENTUCKY  SCHOOL  LAWS  1916. 

supervision,  subject  to  the  control  of  the  board,  of  the  course  of 
instruction,  discipline  and  conduct  of  the  schools,  text  books  and 
studies;  and  all  appointments,  promotions  and  transfers  of  teachers 
and  truant  officers,  and  introduction  and  changes  of  text  books  and 
apparatus  shall  be  made  only  upon  the  recommendation  of  the  Super- 
intendent and  the  approval  of  the  board.  The  superintendent  shall 
have  the  power  to  suspend  any  teacher  or  truant  officer  for  cause 
deemed  by  him  sufficient,  and  the  Board  of  Education  shall  take  such 
action  upon  the  restoration  or  removal  of  such  person  as  it  may  deem 
proper.  All  appointments  and  promotions  of  teachers  shall  be  made 
upon  the  basis  of  merit,  to  be  ascertained,  as  far  as  practicable,  in 
cases  of  appointments,  by  examination,  and  in  cases  of  promotion,  by 
length  and  character  of  service.  Examination  for  appointment  shall  be 
conducted  by  the  Superintendent  in  accordance  with  the  State  law 
for  the  certification  of  teachers,  and  under  such  other  regulations 
as  may  be  made  by  the  board.  The  Superintendent  of  Schools  shall 
devote  himself  exclusively  to  the  duties  of  his  office,  and  shall  have 
power  to  appoint  clerks,  whose  number  and  salaries  shall  be  fixed 
by  the  board,  and  shall  have  power  to  remove  the  same;  shall  exercise 
a  general  supervision  over  the  schools  of  the  city,  examine  their  con- 
dition and  progress  and  shall  keep  himself  informed  as  to  the  progress 
of  education  in  other  cities.  He  shall  advise  himself  of  the  need  of 
extension  of  the  school  system  of  the  city,  shall  make  reports  from 
time  to  time  as  may  be  fixed  by  the  rules  or  directed  by  the  board, 
and  shall  be  responsible  to  the  board  for  the  condition  of  the  instruc- 
tion and  discipline  of  the  schools.  The  term  "teachers,"  as  used 
herein,  shall  include  supervisors,  supervising  principals  and  prin- 
cipals. 

§  431.  (§  2978a-16)  Business  Director  —  Compensation  — 
Duty. — The  board  shall  appoint  a  business  director,  who  shall  serve 
for  a  term  of  one  year,  but  whenever  a  business  director  who  shall 
have  served  one  year  shall  be  re-elected,  his  re-election  shall  be  for 
a  term  of  four  years,  but  he  may  be  removed  at  any  time  by  a  vote 
of  three-fifths  of  the  entire  board.  His  compensation  shall  not  be 
changed  during  the  term  for  which  he  is  elected.  The  Business  Direc- 
tor shall  qualify  by  taking  the  prescribed  oath,  and  shall  be  the  execu- 
tive officer  of  the  board.  He  shall  execute  for  the  board  in  the  name 
of  the  board  its  contracts  and  obligations;  he  shall  see  that  all  con- 
tracts made  by  or  with  said  board  are  fully  and  faithfully  performed; 
he  shall  have  the  care  and  custody  of  'all  property  of  the  Board  of  Edu- 
cation, real  and  personal,  except  moneys;  he  shall  oversee  the  con- 
struction of  buildings  in  process  of  erection  and  repairs  of  buildings 
owned  or  controlled  by  the  board;  shall  advertise  for  bids,  and  shall 
purchase  all  supplies  and  equipments  authorized  by  the  board;  and, 
generally,  shall  execute  and  carry  into  effect  all  matters  and  thJngi 


CITIES  OF  THE  FIRST  CLASS.  173 

authority  for  which  shall  have  been  granted  by  the  board,  as  herein 
provided. 

§  432.  (§  2978a-17)  Bond  to  be  Given  by  Business  Director.— The 
business  director  shall  devote  his  entire  time  to  the  duties  of  his  office, 
and  shall  receive  an  annual  salary  to  be  fixed  by  the  board  at  the  be- 
ginning of  each  term,  and  payable  monthly  out  of  the  school  fund 
of  the  city.  Before  entering  upon  the  discharge  of  the  duties  of  his 
office  he  shall  give  a  bond  for  the  faithful  performance  thereof  in 
the  sum  of  ten  thousand  dollars,  with  a  surety  company,  to  be  ap- 
proved by  the  board,  which  bond  shall  be  paid  for  by  the  board  and  be 
deposited  with  the  Secretary  and  Treasurer  within  twenty  days  from 
date  of  election,  and  preserved  by  him. 

§  433.  (§  2978a-18)  Janitors  and  Engineers  to  be  Appointed  by 
Business  Director. — Subject  to  the  approval  of  the  Board  of  Education 
as  to  the  number  and  salaries,  the  Business  Director  shall  have  power 
to  appoint,  with  the  approval  of  the  Board  of  Education,  as  many  engi- 
neers, janitors  and  other  employes  and  agents  as  may  be  necessary 
for  the  proper  performance  of  the  duties  of  his  department,  for  whom 
he  shall  be  responsible,  and  whom  he  shall  have  power  to  remove; 
but  the  Board  of  Education  may  provide  for  a  competitive  examina- 
tion for  the  positions  of  janitors  and  engineers;  and  when  such  pro- 
vision shall  have  been  made,  the  Business  Director  shall  be  required 
by  the  board  to  appoint  janitors  and  engineers  from  the  list  ob* 
tained  by  such  examination.  He  shall  appoint  such  assistants  and 
deputies  as  may  be  authorized  by  the  board,  whose  compensation 
shall  be  fixed  by  the  board;  and  one  of  said  assistants  shall  be  a 
trained  and  educated  mechanical  engineer,  qualified  to  design  the 
heating,  ventilating  and  sanitary  machinery  and  apparatus  connected 
with  the  school  buildings.  Such  assistants  and  deputies  shall  be  sub- 
ject to  removal  by  the  business  director,  who  shall  be  responsible  for 
the  proper  performance  of  their  duties.  He  shall  perform  such  other 
duties  as  may  be  required  of  him  by  the  board. 

§  434.  (§  2978a-19)  Contracts  to  Lowest  Bidders.— All  contracts 
for  the  erection  of  school  buildings  and  all  contracts  for  repairs  and 
alteration  in  school  property,  exceeding  the  amount  of  fifty  dollars, 
shall  be  made  by  the  board  after  public  letting  to  the  lowest  responsi- 
ble bidder,  but  it  may  reject  all  bids.  The  necessary  specifications  and 
drawings  shall  be  prepared  for  all  such  work,  and  bids  therefor  shall 
be  solicited  by  such  advertisement  as  the  board  may  provide.  All 
other  work  of  construction  and  repairs  shall  be  made  directly  by 
the  Business  Director,  as  herein  provided.  For  all  work  of  construc- 
tion and  repairs  authorized  to  be  done  directly  by  the  Business  Direc- 
tor he  shall  furnish  the  necessary  specifications  and  drawings,  ex- 
cept in  cases  of  emergency,  and  where  the  cost  shall  not  exceed  the 
sum  of  two  hundred  dollars,  and  shall  solicit  bids  for  such  work  as 
may  be  provided  for  by  the  board.  No  bids  shall  be  entertained  by 


174  KENTUCKY  SCHOOL  LAWS  1916. 

the  Business  Director  which  are  not  made  in  accordance  with  the 
specifications  furnished  by  him,  and  all  contracts  shall  be  let  to  the 
lowest  responsible  bidder  complying  with  the  terms  of  the  letting: 
Provided,  however,  that  the  said  Business  Director  shall  have  the  right 
to  reject  any  and  all  bids. 

§  4o5.  (§  2978a-20)  Advertisement  for  Supplies. — The  board  shall, 
at  or  prior  to  the  beginning  of  each  fiscal  year,  cause  advertisements 
to  be  made  under  such  regulations  as  it  may  provide  for  proposals  for 
furnishing  the  supplies  required  in  the  schools  and  by  the  board  In  the 
ensuing  year;  and  every  contract  therefor  shall  be  awarded  to  the 
lowest  responsible  bidder  complying  with  the  terms  of  the  letting; 
Provided,  however,  that  said  board  shall  have  and  reserve  the  right 
to  reject  all  bids.  If  other  supplies  are  required  during  the  year,  they 
shall  be  furnished  under  contracts  awarded  in  like  manner;  but  the 
board  may  authorize  the  purchase  of  supplies  not  exceeding  fifty  dol- 
lars in  amount  without  letting  or  contract.  The  board  shall  make 
distribution  of  supplies  through  such  agencies  and  in  such  manner  as 
it  deems  proper. 

§  456.  (§  2978a-21)  Secretary  and  Treasurer  to  be  Appointed. — 
The  board  shall  appoint  an  officer,  who  shall  be  secretary  and  treas- 
urer, and  shall  serve  for  a  term  of  one  year,  but  whenever  a  secretary 
and  treasurer  shall  have  served  one  year  and  be  re-elected,  his  election 
shall  be  for  a  term  of  four  years,  but  he  may  be  removed  at  any  time 
by  a  vote  of  three-fifths  of  the  entire  board.  He  shall  give  bond  in 
such  sum  as  the  board  may  require,  which  shall  not  be  less  than 
$50,000.00,  with  a  surety  company  to  be  approved  by  the  board,  such 
bond  to  be  paid  for  by  the  board  and  be  deposited  with  the  president 
of  the  board  within  twenty  days  from  date  of  election  and  preserved 
by  him.  The  compensation  of  such  officer  shall  be  fixed  by  the  Board 
of  Education  before  his  election,  and  shall  not  be  changed  during  the 
term  for  which  he  is  elected.  He  shall  exercise,  subject  to  the  control 
of  the  board,  general  supervision  over  the  fiscal  affairs  of  the  public 
schools  of  the  city,  the  collection  and  payment  of  funds  to  the  school 
depositaries,  and  the  disbursement  of  all  revenues  and  moneys  belong- 
ing to  the  board.  He  shall  record  the  proceedings  of  the  board  in 
such  manner  as  may  be  directed  by  the  board,  and  shall  deposit  daily 
in  the  designated  depositary  of  the  board  all  moneys  collected  or  re- 
ceived by  him  for  the  board.  He  shall  furnish  to  the  board  at  the  be- 
ginning of  each  month  a  statement  of  receipts  and  disbursements  of 
the  preceding  month;  and  at  the  end  of  the  fiscal  year  he  shall  make 
to  the  board  a  full  and  comprehensive  report  of  its  financial  affairs 
for  the  preceding  year.  He  shall  be  the  custodian  of  all  securities, 
documents,  title  papers,  books  of  record  and  other  papers  belonging 
to  the  board,  under  such  conditions  as  the  board  may  direct.  It  shall 
be  his  duty  to  see  that  no  liability  is  incurred  or  expenditure  made 
without  due  authority  of  law,  that  appropriations  are  not  overdrawn 


CITIES  OF  THE  FIRST  CLASS.  175 

and  that  all  expenditures  are  charged  to  the  appropriations  for  which 
they  are  made.  Subject  to  the  approval  of  the  board,  he  shall  have 
power  to  appoint  assistants,  for  whom  he  shall  be  responsible  and 
whom  he  may  remove.  He  shall  perform  such  other  duties  as  may 
be  required  of  him  by  the  board. 

§  437.  (§  2978a-22)  Depositaries  to  be  Selected.— The  board  shall, 
in  the  month  of  June  of  each  year,  advertise  for  bids  from  the  banks 
and  trust  companies  in  such  city  for  the  current  deposits  of  such 
board,  to  be  secured  by  bond  with  surety  to  be  approved  by  the  board 
in  an  amount  to  be  fixed  by  the  board,  and  said  bids  shall  specify  the 
rate  of  interest  to  be  allowed  to  said  board  on  such  deposits  and  the 
nature  of  the  security  offered;  and  such  deposits  shall  be  annually 
awarded  to  the  two  institutions,  banks  or  trust  companies  that  offer, 
with  the  required  security,  the  highest  rates  of  interest  therefor; 
and  the  board  shall  cause  contracts  for  the  ensuing  year  to  be  made 
with  such  banks  or  trust  companies  so  receiving  the  award  of  such 
deposits.  All  moneys  due  the  board,  from  any  source  whatsoever, 
shall  be  paid  to  the  Secretary  and  Treasurer,  who  shall  thereupon 
cause  all  funds  received  to  be  paid  into  such  designated  depositaries, 
the  balances  in  each  to  be  kept  as  nearly  equal  as  practicable.  The 
fiscal  year  of  the  board  shall  end  on  the  30th  day  of  June  of  each 
year,  and  the  annual  contract  shall  be  made  in  the  month  of  June 
of  each  year  for  the  deposits  of  the  succeeding  fiscal  year.  The  funds 
of  the  board  deposited  in  bank  shall  be  withdrawn  only  on  the  order 
of  the  board,  evidenced  by  check  on  its  Secretary  an  A  Treasurer,  coun- 
tersigned by  the  President  of  the  Board,  or,  in  his  absence  or  disabil- 
ity, by  the  Vice-President. 

§  438.  (§  2978a-23)  Apportionment  of  Revenues.— It  shall  be  the 
duty  of  the  board  at  the  beginning  of  each  fiscal  year  to  apportion  the 
revenues  available  for  that  year  to  the  different  departments,  for  ex- 
penditure in  support  of  the  schools  for  that  year,  and  no  report  or 
resolution  shall  be  adopted  by  the  board  calling  for  the  expenditure  of 
money  unless  it  states  specifically  the  fund  from  which  the  appropria- 
tion is  to  be  made,  and  is  accompanied  by  the  certificate  of  the  Secre- 
tary and  Treasurer  showing  sufficient  balance  in  such  fund  available 
for  such  expenditure. 

§  439.  (§  2978a-24)  Money  May  Be  Borrowed.— The  board  shall 
have  power  to  borrow  money  on  the  credit  of  the  board  in  anticipation 
of  the  revenue  from  school  taxes  for  the  fiscal  year  in  which  the  same 
is  borrowed  and  to  pledge  said  school  taxes  for  the  payment  of  the 
principal  and  interest  of  said  loan:  Provided,  that  the  interest  paid 
shall  in  no  case  exceed  six  per  cent,  per  annum  and  the  principal 
shall  in  no  case  exceed  fifty  per  cent,  of  the  anticipated  revenue. 

§  440.  (§  2978a-25)  Tax  Levy. — To  raise  money  for  the  main- 
tenance of  the  schools  the  general  council  shall  annually  cause  to 
be  levied  and  collected  'a  tax  of  not  less  than  thirty-six  cents  (.36) 


176  KENTUCKY  SCHOOL  LAWS  1916. 

on  each  one  hundred  ($100.00)  dollars  of  property  assessed  for  taxa- 
tion for  city  purposes.  Upon  the  completion  of  the  assessment  of 
property  for  taxation,  the  amount  levied  as  above  shall  annually 
be  passed  to  the  credit  of  the  school  fund,  upon  the  books  of  the 
city,  and  the  said  amount,  as  collected,  sh'all  be  paid  over  to  the 
board  by  the  treasurer  of  the  city,  in  regular  monthly  installments, 
the  first  payment  to  be  made  within  one  week  after  the  collection 
of  said  amount  shall  have  been  commenced  and  the  other  payments 
to  be  made  weekly  thereafter  in  current  money  by  the  said  treas- 
urer as  collected. 

§  441.  (§  2978a-26)  School  Fund.— For  the  maintenance  of  the 
schools  there  shall  be  appropriated  the  sum  or  sums  which  may  be 
received  from  year  to  year  as  the  city's  portion  of  the  school  fund 
of  this  Commonwealth. 

§  442.  (§  2978a-27)  Property  to  Escheat. — So  much  real  or 
mixed  property  in  the  city,  which  from  alienage,  defect  of  heirs, 
failure  of  kindred  or  other  causes,  shall  escheat  to  the  Common- 
wealth of  Kentucky  shall  vest  in  the  board  for  the  use  and  benefit 
of  the  common  schools.  Said  board  may,  in  the  name  of  the  Com- 
monwealth, for  the  use  and  benefit  of  the  common  schools  of  the 
city,  by  its  president  or  other  officer  to  be  designated  by  it,  enter 
upon  and  take  possession  of  said  property  or  sue  for  and  recover 
the  same  by  an  action  at  law  or  in  equity,  and  without  office  found. 
The  board  may  sell  and  convey  any  of  such  property  by  warranty, 
deed  or  otherwise. 

§  443.  (§  2978a-28)  Duty  of  Officers  as  to  Collection  of  Taxes. 
— All  officers  of  any  city  of  the  first  class,  and  of  the  State,  concerned 
with  the  assessment  and  collection  of  faxes,  fines  and  penalties  shall 
perform  such  duties  in  relation  to  the  levying  and  collection  of 
scfiool  taxes  and  the  collection  of  such  fines  and  penalties,  and  the 
payment  thereof  to  said  board  for  school  purposes,  as  are  now  im- 
posed by  the  existing  laws  upon  such  officers  in  relation  to  the 
levy  and  collection  of  school  taxes  and  the  collection  of  fines  and 
penalties  payable  to  the  school  funds;  and  nothing  in  this  act,  un- 
less inconsistent  therewith,  shall  be  construed  as  repealing  any 
existing  law  providing  for  the  assessment  and  collection  of  school 
taxes  in  such  city;  and  all  powers  and  duties  conferred  by  existing 
law  upon  any  board  in  relation  thereto  shall  be  continued  in  the 
board  created  by  this  act. 

§  444.  (§  2978a-29)  Books  to  be  Audited  by  Expert  Account- 
ant.— At  the  close  of  each  fiscal  school  year  the  mayor  of  such  city 
shall  appoint  one  or  more  expert  accountants,  who  shall  examine 
the  books,  accounts  and  vouchers  of  the  secretary  and  treasurer, 
business  director,  and  all  other  departments  of  expenditures  of  the 
board,  and  shall  make  due  report  thereof  to  the  mayor  and  bo'ard  of 
education  of  such  city.  All  the  officers  and  employes  of  the  board 


CITIES  OF  THE  FIRST  CLASS.  177 

shall  produce  and  submit  to  such  accountants  for  examination  of  all 
books,  papers,  documents,  vouchers  and  accounts  in  their  office  be- 
longing to  the  same  or  thereto  pertaining,  and  shall  in  every  way  as- 
sist said  accountants  in  their  work.  In  the  report  to  be  made  by 
said  accountants  they  may  make  any  recommendation  they  deem 
proper  as  to  the  business  methods  of  such  officers  and  employes.  A 
reasonable  compensation  for  such  services  shall  be  paid  by  the 
board. 

§  445.  (§  2978a-30)  Kindergartens— Power  to  Establish.— The 
board  shall  have  the  power  to  establish  and  maintain  kindergartens 
for  children  from  four  to  six  years  of  age,  high  schools,  manual  train- 
ing schools  and  a  normal  school  and  normal  training  classes  for  the 
purpose  of  tr'aining  teachers  to  fill  positions  in  the  schools  of  the 
city,  and  to  this  end  it  may  prescribe  rules  and  regulations  for  the 
government  of  such  schools,  and  as  in  other  cases  it  may  employ 
the  principals  and  other  teachers  necessary  for  their  efficient  man- 
agement. 

§  446.  (§  2978a-31)  Separate  Schools  for  White  and  Colored 
Children. — The  board  shall  provide,  maintain  and  support  separate 
schools  wherein  all  colored  children,  who  are  bona  fide  residents  of 
said  city,  between  the  ages  of  six  and  twenty  years,  may  be  taught 
in  like  manner  as  herein  provided  for  white  children.  Said  schools 
for  colored  children  shall  be  entitled  to  the  same  benefits,  be  gov- 
erned by  the  same  rules  and  regulations,  and  be  subject  to  the  same 
restrictions  as  the  schools  herein  provided  for  the  white  children. 

§  447.  (§  2978a-32)  Qualifications  of  Pupils  Fixed  by  Board. — 
The  board  shall  prescribe  the  necessary  qualifications  and  mode  of 
examination  for  applicants  for  admission  to  the  various  schools, 
and  may  furnish  text  books  and  necessary  school  supplies  to  pupils 
free  of  charge  under  such  rules  and  regulations  as  it  may  adopt. 

§  448.  (§  2978a-33)  Religious  Dogmas.— No  formula  of  relig- 
ious belief  shall  be  taught  or  inculcated,  nor  shall  any  class  or  any 
text  book  be  used  which  reflects  on  any  religious  denomination. 

§  449.  (§  2978a-34)  Pupils  Admitted  From  Beyond  City.— The 
board  shall  have  power  to  admit  to  the  school  pupils  from  beyond 
the  city  limits,  and  shall  collect  from  all  persons  so  admitted  tui- 
tion fees  for  the  benefit  of  the  school  fund  of  the  city,  but  may  make 
equitable  allowance  or  reduction  for  taxes  paid  for  schools  by  such 
children  or  their  parents  on  property  in  the  city.  Children  of  per- 
sons residing  outside  of  the  city  limits  shall  not  be  admitted  as 
pupils  into  any  of  the  public  schools,  except  upon  payment  of  such 
tuition  as  the  board  may  require  as  aforesaid. 

§  450.  (§  2978a-35)  (Reports  to  be  Made — Census  to  be  Taken. 
— A  city  of  the  first  class  being  deemed  one  school  district  for  tax- 
ation purposes  and  entitled  to  its  proportion  of  the  common  school 
fund  of  the  Commonwealth,  the  Board  of  Education  of  such  city 


178  KENTUCKY  SCHOOL  LAWS  1916. 

shall  make  detailed  reports  annually  and  special  reports  as  required 
to  the  State  Superintendent  of  Public  Instruction.  The  board  shall 
also,  in  the  year  1911,  and  every  third  year  thereafter,  take  the  cen- 
sus of  children  of  school  age  'and  make  returns  thereof  to  the  Super- 
intendent of  Public  Instruction,  at  the  same  time  other  school  offi- 
cers are  required  to  make  returns;  and  for  the  neglect  of  this  duty 
the  members  of  the  board  shall  be  liable  to  the  same  penalties.  This 
census  shall  be  taken  under  regulations  approved  by  the  State  Board 
of  Education. 

For  the  years  in  which  no  census  is  required  to  be  taken,  the 
Superintendent  of  Public  Instruction  shall  determine  the  amount  per 
capita  to  be  paid  over  to  the  Board  of  Education  of  such  cities  by 
adding  annually  to  the  number  of  children  of  school  age,  as  shown 
by  the  next  preceding  census  actually  taken,  such  increase  or  addi- 
tion as  he  may  ascertain  to  be  the  annual  increase  of  children  of 
school  age  in  the  district  upon  averaging  the  yearly  increase  shown 
by  the  three  actual  enumerations  next  preceding:  Provided,  how- 
ever, that  the  Board  of  Education  of  any  such  city  or  the  Superin- 
tendent of  Public  Instruction  may  elect  to  take  an  actual  census  in 
any  of  such  years,  in  which  case  the  return  of  such  census  shall 
govern. 

§  451.  (§  2978a-36)  Report  of  Business  Director  and  Treasurer. 
— The  board  shall,  at  the  end  of  each  scholastic  year,  prepare  and 
publish,  for  the  information  of  the  public,  a  report  which  shall  in- 
clude the  annual  reports  made  to  the  board  by  the  superintendent, 
business  director  and  secretary  and  treasurer,  together  with  such 
other  information  as  may  be  proper  and  necessary  to  an  understand- 
ing of  the  general  condition  and  educational  progress  of  the  schools 
during  the  preceding  year. 

§  452.  (§  2978a-37)  Penalty. — Any  member,)  officer  or  em- 
ploye of  such  board  who  shall  wilfully  violate  any  of  the  provisions 
of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction shall,  unless  otherwise  herein  provided,  be  punished  by  a 
fine  of  not  more  than  five  hundred  dollars  or  imprisonment  not  ex- 
ceeding one  year,  or  by  both  fine  'and  imprisonment,  in  the  discre- 
tion of  the  jury.  But  nothing  herein  contained  shall  be  construed 
as  suspending  the  general  criminal  laws  of  the  State  so  far  as  ap- 
plicable. 

§  453.  (§  2978a-38)  Repealing  Clause.— The  general  school 
laws  of  this  State  and  'all  laws  and  parts  of  laws  applicable  to  the 
general  system  of  common  schools  in  a  city  of  the  first  class  and 
not  inconsistent  herewith,  shall  be  in  full  force  and  effect  in  such 
city. 

$  454.  Appropriation  of  Money. — No  appropriation  of  money  shall 
be  made  by  the  board,  except  upon  the  affirmative  vote  of  a  majority 
of  the  members.  The  vote  shall  be  entered  upon  its  records. 


CITIES  OF  THE  FIRST  CLASS.  179 

§  455.  Members  of  the  board  shall  not  be  elsewhere  called  in 
question  for  language  used  in  debate. 

§  456.  (§2978b-l)  Bonds — May  'be  Issued  to  Erect  School 
Building. — In  cities  of  the  first  class  whenever  the  Board  of  Educa- 
tion shall  deem  it  necessary  for  the  proper  accommodation  of  the 
schools  of  such  city  to  purchase  a  site  or  sites  or  to  erect  school 
houses  for  the  high  schools  or  for  the  other  schools,  or  to  purchase 
land  for  the  enlargement  of  existing  school  yards,  or  for  any  or  all 
these  purposes,  and  the  annual  funds  raised  from  other  sources  are 
not  sufficient  to  accomplish  said  purpose  or  purposes,  and  it  shall 
deem  a  bond  issue  to  be  necessary  therefor,  said  board  shall  make 
a  careful  estimate  of  the  probable  amount  of  money  required  for 
such  purpose  or  purposes  and  it  shall  certify  to  the  general  council 
of  said  city  the  fact  that  an  election  for  an  issue  of  bonds  for  school 
improvements  should  be  held,  together  with  the  amount  of  money 
for  which  bonds  shall  be  issued  and  the  purpose  or  purposes  to 
which  the  proceeds  thereof  shall  be  applied.  It  shall  thereupon  be 
the  duty  of  the  general  council  to  adopt  an  ordinance  submitting  to 
the  qualified  voters  of  the  city  at  the  next  regular  municipal  elec- 
tion the  question  whether  bonds  of  the  city  to  the  amount  specified 
shall  be  issued  for  school  improvement  purposes.  The  bonds  so 
issued  shall  be  designated  as  "School  Improvement  Bonds,"  and  the 
ordinance  shall  provide  the  date  and  maturity  of  such  bonds,  the 
rate  of  interest  they  shall  bear,  and  the  total  amount  to  be  issued; 
and  the  ordinance  shall  also  contain  the  necessary  details  in  refer- 
ence to  the  execution  and  delivery  of  said  bonds,  their  denomina- 
tions, coupons  to  be  annexed,  tax  to  be  levied  to  pay  the  interest 
and  a  sinking  fund  to  retire  such  bonds  at  maturity.  No  bond  issue 
shall  ever  be  for  an  amount  exceeding  the  sum  of  one  million  dol- 
lars. The  question  to  be  submitted  shall  be  so  framed  that  the 
voter  may  by  his  vote  answer  for  or  against  the  issue  of  bonds. 

It  shall  be  the  duty  of  the  mayor  of  the  city  to  see  to  it  that  all 
proper  steps  are  taken  to-  secure  a  vote  of  the  people  upon  the 
question,  conforming,  as  far  as  applicable,  to  the  proceedings  in  case 
of  an  election  for  members  of  the  Board  of  Education  in  cities  of 
the  first  class.  If  the  voters  of  the  city  shall  determine  that  such 
bonds  shall  be  issued,  they  shall,  when  so  issued,  be  placed  under 
the  control  of  the  Board  of  Education,  who  shall  determine  when 
and  at  what  price  'and  how  they  shall  be  sold: 

Provided,  That  no  such  bonds  shall  be  sold  for  less  than  par: 
And,  Provided,  further,  That  any  premium  which  may  be  obtained 
from  said  bonds  shall  constitute  a  part  of  the  sinking  fund  for  their 
ultimate  retirement.  As  the  bonds  are  sold,  their  proceeds  shall  be 
placed  to  the  credit  of  the  board  in  the  same  depositaries  which  are 
selected  for  its  other  funds  but  shall  be  kept  in  a  separate  account 


180  KENTUCKY   SCHOOL  LAWS  1916. 

and  shall  be  used  only  for  the  purpose  for  which  the  bonds  were 
issued. 

It  shall  be  the  duty  of  the  General  Council  to  levy  annually  in 
its  tax  levy  a  rate  that  will  raise  a  sum  that  shall  be  sufficient  to 
pay  the  interest  and  create  a  sinking  fund  for  the  payment  of  the 
bonds  at  maturity.  The  said  bonds,  principal  and  interest,  shall  be 
a  charge  upon  the  sinking  fund  of  said  city,  and  it  shall  be  entitled 
to  have  the  annual  tax  that  shall  be  levied  as  aforesaid. 

§  457.  (§  2978d-l)  Teachers'  Annuity  Fund— Board  of  Trust- 
ees— Manner  of  Appointment. — In  every  city  of  the  first  class  in  the 
State  of  Kentucky  there  shall  be,  and  is  hereby  created,  a  teachers' 
annuity  fund,  which  shall  be  governed  and  managed  by  a  board  of 
trustees,  which  shall  be  a  body  corporate  under  the  name  of  Trust- 
ees of  Teachers'  Annuity  Fund  of  Louisville,  with  power  to  contract 
and  to  sue  and  be  sued,  and  to  adopt  and  alter  its  seal,  and  which 
shall  be  composed  of  seven  members,  as  follows:  One  member  of 
the  Board  of  Education  of  such  city,  to  be  selected  or  appointed  an- 
nually by  such  board,  the  Superintendent  of  Public  Schools,  one  prin- 
cipal and  four  teachers  regularly  employed  in  the  public  schools  of 
such  city.  Said  principal  and  teachers  of  such  city  shall  be  selected 
at  a  meeting  of  the  public  school  teachers  of  such  city  on  the  third 
Saturday  of  May,  1912,  in  such  manner  and  at  such  place  or  places 
as~  shall  be  determined  and  designated  by  the  Board  of  Education 
of  such  city;  and  thereafter  there  shall  be  selected  on  the  third 
Saturday  of  May  of  e'ach  year  one  principal  and  three  teachers  as 
members  of  such  board  of  trustees.  The  trustees  shall  hold  their 
offices  until  their  successors  shall  be  selected  or  elected  as  above 
set  forth.  In  the  event  of  a  vacancy  upon  said  board  occasioned  by 
the  death,  resignation  or  disability  of  either  of  said  principal  or 
teachers,  then  the  public  school  teachers  of  said  city  shall,  within 
a  reasonable  time,  upon  the  call  of  the  president  of  said  board  of 
trustees,  hold  a  special  meeting  and  elect  a  successor  or  successors. 
A  m'ajority  of  said  trustees  shall  constitute  a  quorum  for  the  trans- 
action of  business  pertaining  to  said  annuity  fund.  Said  trustees 
shall  receive  no  pay  for  their  services  as  such,  except  the  secretary, 
who  may  be  paid  such  sum  for  services  as  may  be  fixed  by  the  board 
of  trustees:  Provided,  however,  that  if  any  one  shall  act  as  such 
secretary  who  shall  receive  any  of  the  benefits  of  said  pension  fund, 
as  hereinafter  provided,  the  amount  of  the  salary  so  received  by 
such  secretary  shall  be  deducted  from  the  amount  for  which  he  or 
she  would  otherwise  be  entitled  as  a  beneficiary  under  said  fund. 

§  458.  (§  2978d-2)  Officers  of  Board — Powers  and  Duties. — 
Said  board  of  trustees  shall  elect  from  among  its  number  !a  presi- 
dent, vice-president  and  secretary.  The  president  shall  preside  at 
the  meeting  of  the  board  and  perform  all  other  duties  usual  to  such 
office.  The  vice-president  shall  perform  duties  of  the  president  In 


CITIES  OF  THE  FIRST  CLASS.  181 

his  or  her  absence.  It  shall  be  the  duty  of  the  secretary  to  keep  a 
true  and  accurate  account  of  the  proceedings  of  such  board  of  trust- 
ees and  of  the  teachers  of  such  city,  when  acting  upon  matters  with 
relation  to  said  fund,  and  to  turn  over  to  his  or  her  successor  all 
books  and  papers  pertaining  to  such  office.  The  Superintendent  of 
Schools  of  such  city  shall  act  as  assistant  treasurer,  and  it  shall  be 
his  duty  to  keep  a  true  and  accurate  statement  of  the  account  of 
each  member  with  said  annuity  fund,  to  collect  and  turn  over  to 
the  treasurer  of  said  board  all  moneys  belonging  to  s'aid  fund,  and 
to  render  to  the  board  a  monthly  account  of  his  doings.  He  shall 
furnish  bond  in  such  amount  as  shall  be  determined  and  required 
by  said  board  of  trustees.  He  shall  receive  no  compensation  for  at- 
tending to  the  duties  of  his  office  as  assistant  treasurer  of  said  board, 
but  the  trustees  may  allow  to  him  annually  for  the  employment  of 
clerical  assistance  a  sum  not  to  exceed  two  hundred  dollars,  for  the 
expenditure  of  which  he  shall  account  by  full  statement,  with  vouch- 
ers which  shall  be  filed  with  his  annual  report  hereinafter  men- 
tioned. The  treasurer  of  the  Bo'ard  of  Education  shall  be  ex-officio 
the  treasurer  of  said  board  of  trustees,  and  he  shall  receive  and  hold 
all  moneys  belonging  to  such  teachers'  annuity  fund;  he  shall  have 
the  custody  of  all  notes,  bonds  and  other  securities  belonging  to  said 
fund,  and  shall  collect  the  principal  and  interest  of  the  same  and 
shall  be  liable  on  his  bond  as  treasurer  of  the  Board  of  Education 
for  the  performance  of  all  duties  imposed  upon  him  by  this  act  and 
for  the  faithful  accounting  of  all  moneys  and  securities,  including 
both  principal  and  interest,  which  may  come  into  his  hands  and 
which  shall  belong  to  such  annuity  fund.  And  he  shall  keep  a 
separate  account  which  shall  show  at  all  times  the  true  condition 
of  such  fund.  Said  treasurer  shall,  upon  the  expiration  of  his  term 
of  office,  account  to  said  board  for  all  moneys,  notes,  bonds  and 
other  securities  coming  into  his  hands,  and  for  the  interest,  income, 
profits,  rentals  and  proceeds  of  and  from  the  same,  and  he  shall 
turn  over  to  his  successor  all  moneys,  notes,  bonds  and  other  securi- 
ties belonging  to  said  fund.  The  secretary,  treasurer  and  assistant 
treasurer  shall  each  make  a  full,  true  and  accurate  report  of  their 
offices  and  trusts  at  each  annual  meeting  of  such  teachers  in  May 
of  each  year.  Their  books  shall  at  all  times  be  open  to  inspection 
or  examination  by  'any  member  of  said  board  of  trustees. 

§  459.  (§  2978d-3)  Revenue — Board  to  Make  Rules  to  Govern 
Same. — Such  board  of  trustees  shall  have  full  charge  and  control  of 
the  teachers'  annuity  fund  of  such  city  with  power  to  adopt  and  en- 
force all  needful  regulations  governing  the  same,  not  inconsistent 
with  this  act.  Said  fund  shall  be  derived  from  the  following  sources: 

First,  All  money  that  may  be  given  to  said  board  of  trustees  or 
to  said  fund  or  to  the  board  of  education  of  such  city,  for  the  use 
of  said  board  of  trustees  of  teachers'  annuity  fund,  by  any  person 


182  KENTUCKY  SCHOOL  LAWS  1916. 

or  persons.  Such  board  of  trustees  may  take  by  gift,  grant,  devise 
or  bequest,  any  money,  choses  in  action,  person'al  property,  real 
estate,  or  any  interest  therein,  and  any  such  gift,  grant,  devise  or 
bequest  may  be  absolute,  or  upon  the  condition  that  only  the  rent, 
profits  and  income  arising  from  the  same  shall  be  applied  to  the 
uses  and  purposes  of  said  fund.  Such  board  of  trustees  shall  be  au- 
thorized to  take  such  gift,  grant,  devise  or  bequest  under  and  by  the 
style  of  the  board  of  trustees  of  the  teachers'  annuity  fund,  of  such 
city,  and  to  hold  the  same,  or  assign,  transfer  or  sell  the  same, 
whenever  proper  and  necessary,  under  and  by  such  name. 

Second,  Every  teacher  shall  be  assessed  upon  his  or  her  salary 
as  follows:  One  per  centum  per  annum  (but  not  more  than  $1'0  upon 
the  s'alary  of  every  teacher  who  shall  not  have  taught  in  excess  of 
fifteen  (15)  years;  and  two  per  centum  per  annum  (but  not  to  ex- 
ceed $20)  upon  the  salary  of  every  teacher  who  shall  have  tau'ght 
longer  than  fifteen  (15)  years:  Provided,  however,  that  such  assess- 
ment shall  not  be  made  prior  to  the  first  day  of  September,  1912. 
And  the  assistant  treasurer  of  such  board  of  trustees  shall  prepare 
a  roll  of  each  of  said  assessments  and  place  opposite  the  name  of 
every  teacher  the  amount  of  assessment  against  him  or  her,  and 
shall  furnish  a  copy  of  such  roll  to  the  treasurer,  'and  the  treasurer 
of  said  board  shall,  in  November  and  April  of  each  school  year, 
deduct  and  retain  out  of  the  salary  going  to  such  teacher  the  amount 
of  such  assessment,  and  shall  give  him  or  her  credit  for  the  same 
and  place  the  same  to  the  credit  of  said  teachers'  annuity  fund. 
Every  teacher  of  such  city  receiving  a  salary  of  four  hundred  and 
fifty  dollars  ($450)  a  year  or  more  shall  pay  such  assessment,  and 
in  becoming  a  teacher  he  or  she  shall  be  conclusively  deemed  to 
undertake  and  agree  to  pay  the  s'anie,  and  to  have  such  assessment 
deducted  from  his  or  her  salary  as  hereinbefore  provided. 

§  460.  (§  2978d-4)  Revenue — Manner  of  Investment.— The 
board  of  trustees  of  such  teachers'  annuity  fund  shall  determine 
what  part  of  said  fund  may  be  safely  invested,  land  how  much  shall 
be  retained  for  the  immediate  needs,  demands  and  exigencies  of  said 
fund.  Such  investment  shall  be  made:  (1)  In  interest-bearing  bonds 
of  the  United  States,  or  in  any  bond  lawfully  issued  by  any  State, 
county,  city  or  other  municipal  corporation;  (2)  lo'ans  secured  by 
mortgage  upon  real  estate  within  the  county  wherein  such  city  is 
located,  which  loans  shall  not  be  in  excess  of  fifty  per  centum  of 
the  appraised  value  of  such  real  estate:  (3)  in  interest-bearing  de- 
posits at  not  less  than  three  per  cent,  with  banks  or  trust  companies 
of  Louisville,  said  deposits  to  be  secured  to  their  full  amount  with 
interest,  by  securities  mentioned  in  classes  (1)  and  (2)  of  this 
section.  All  bonds,  mortgages  and  other  securities  shall  be  deposited 
with  and  remain  in  the  custody  of  the  treasurer  of  said  board,  who 


CITIES  OF  THE  FIRST  CLASS.  183 

shall  collect  all  interest  due  thereon  and  all  the  income  therefrom, 
as  the  same  shall  become  due  and  payable. 

§  461.  (§  2978d-5)  Sinking  Fund  to  be  Provided.— The  board 
of  trustees  of  such  teachers'  annuity  fund  shall  establish  a  sinking 
fund,  to  the  credit  of  which  shall  be  put  and  deposited  all  gifts, 
grants,  devises  and  bequests,  and  the  unexpended  balance  remain- 
ing at  the  expiration  of  each  fiscal  year.  And  such  sinking  fund 
shall  be  and  remain  a  permanent  fund,  and  no  part  thereof  shall  be 
expended  except  the  interest  and  income  thereof  and  therefrom; 
provided,  however,  that  one-half  of  the  amount  added  to  such  sink- 
ing fund  during  any  year  may  be  used,  if  necessary,  during  the  year 
immediately  following. 

§  462.  (§  2978d-6)  Annuity  Fund— Manner  of  Distribution. — 
Said  teachers'  annuity  fund  shall  be  used  and  devoted  in  the  man- 
ner and  for  the  purposes  following: 

First.  The  maximum  annuity  to  be  paid  any  teacher  shall  be 
four  hundred  dollars  ($400)  per  annum,  which  amount  shall  be  based 
upon  a  service  of  forty  (40)  years  as  such  teacher,  and  every  annui- 
tant and  beneficiary  of  said  fund  shall  be  entitled  to  and  shall  re- 
ceive such  percentage  of  said  sum  of  four  hundred  dollars  ($400)  as 
the  number  of  years'  teaching  of  said  pensioner  and  beneficiary 
shall  bear  to  the  term  of  forty  years,  subject,  however,  to  all  the 
provisions  of  this  act. 

Second.  Any  aged,  infirm,  diseased  or  disabled  teacher,  who  is 
now  or  hereafter  may  be,  teaching  in  the  public  schools  of  such  city, 
having  served  in  the  schools  of  said  city  as  such  teacher  for  not  less 
than  twenty  (20)  years  and  who  shall  have  been  relieved  from  ser- 
vice as  such  teacher  by  the  Board  of  Education  upon  the  ground  of 
his  or  her  infirmity,  disease  or  disability,  shall  be  entitled  to  re- 
ceive a  disability  annuity;  provided  said  board  of  trustees  shall 
find  that  he  or  she  is  entitled  to  the  same  by  reason  of  such  age, 
disease,  infirmity  or  disability,  and  after  such  applicant  for  an 
annuity  sh'all  have  been  examined  by  a  physician  selected  for  such 
purpose  by  said  board  of  trustees,  the  examination  fee  or  charge 
of  such  physician  to  be  paid  by  the  applicant. 

Third.  Any  teacher  who  is  now  or  hereafter  may  be  teaching 
in  the  public  schools  of  such  city,  and  shall  have  taught  for  not 
less  than  thirty  (30)  years  may  be  granted  an  annuity  upon  applica- 
tion to  said  Board  of  Trustees,  or  may  be  granted  an  annuity  by 
such  board  without  such  application  and  shall  thereafter  receive  an 
annuity  during  the  remainder  of  his  or  her  life,  subject,  however, 
to  all  the  conditions  in  this  act:  Provided,  however,  that  such  an- 
nuitants shall  have  paid  into  said  fund,  by  way  of  assessment  or 
otherwise,  not  less  than  the  whole  of  the  amount  to  which  he  or 
she  shall  be  entitled  per  annum  as  an  annuitant.  And  in  order  to 
make  up  such  amount,  the  bo'ard  of  trustees  may  order  the  treas- 


184  KENTUCKY  SCHOOL  LAWS  1916. 

urer  to  deduct  one-fifth  thereof  in  each  of  the  first  five  years  from 
the  amount  of  such  annuity.  If  at  any  time  there  should  not  be 
sufficient  money  in  or  to  the  credit  of  said  teachers'  annuity  fund  to 
pay  all  claims  against  it  in  full,  then  and  in  such  event,  an  equal 
percentage  shall  be  paid  upon  all  such  claims  to  the  full  extent  of 
the  funds  on  hand,  until  such  annuity  fund  shall  be  sufficient  to  pay 
all  claims  against  it  in  full. 

§  4G3.  (§  2978d-7)  Teachers  Entitled  to  Annuity  Fund.— In 
computing  years  of  service  as  provided  in  this  act,  the  board  of 
trustees  shall  not  include  service  as  a  public  school  teacher  ren- 
dered outside  of  such  city;  provided,  however,  that  any  teacher 
may  be  given  a  leave  of  absence  for  study,  professional  improve- 
ment or  temporary  disability,  not  exceeding  one  year  at  any  one 
time,  and  shall  be  regarded  as  a  teacher  and  entitled  to  the  benefits 
of  this  act:  Provided,  that  during  such  'absence  he  or  she  continues 
to  pay  into  such  fund  the  amount  of  assessment  payable  by  such 
teacher  the  last  year  preceding  such  leave  of  absence. 

§  464.  (§  2978d-8)  Annuity  Fund  May  be  Discontinued. — 
After  any  teacher  shall  have  been  granted  an  annuity  by  reason  of 
injury,  disability  or  disease,  the  board  of  trustees  shall  have  the 
right  at  any  time  to  cause  such  teacher  again  to  be  brought  before 
such  board  and  examined  by  its  physician,  and  also  to  examine  other 
witnesses,  for  the  purpose  of  ascertaining  whether  said  injury,  dis- 
ability or  disease  shall  continue,  and  whether  such  teacher  shall  re- 
main on  the  roll  as  an  annuitant.  Such  teacher  shall  be  entitled  to 
notice  and  to  be  present  at  the  hearing  of  any  such  evidence;  shall 
be  permitted  to  propound  any  question  pertinent  or  relevant  to  such 
matter,  and  shall  also  have  the  right  to  introduce  evidence  upon 
his  or  her  own  behalf.  Such  teacher  and  all  witnesses  shall  be 
examined  under  oath  and  any  member  of  such  board  of  trustees  is 
hereby  authorized  and  empowered  to  administer  such  oath.  The 
decision  of  such  board  of  trustees  shall  be  final  and  conclusive,  and 
no  appeal  shall  be  allowed  therefrom,  nor  shall  the  same  be  review- 
able  by  any  court  or  other  authority;  provided,  however,  that  every 
teacher  receiving  annuity  shall  report  to  the  Superintendent  of  Pub- 
lic Schools  of  such  city  whenever  required  so  to  do.  And  said 
superintendent  may  assign  such  teacher  to  such  service  or  employ- 
ment as  may  be  within  his  or  her  power  to  perform,  in  the  judg- 
ment of  such  Superintendent  of  Public  Schools  and  of  the  examin- 
ing physician  employed  by  the  said  board  of  trustees.  And  during 
the  time  of  ^uch  employment  such  teacher  shall  receive  the  regular 
salary  therefor,  which  shall  be  credited  to  and  deducted  from  the 
amount  payable  to  such  teacher  from  said  annuity  fund.  And  should 
any  teacher  who  is  receiving  an  annuity  recover  from  his  or  her  in- 
jury, disease  or  disability,  and  again  be  fit  for  regular  duty,  then 
said  teacher  may  again  be  regularly  employed,  and  during  the  time 


CITIES  OP  THE  FIRST  CLASS.  185 

of  such  employment,  he  or  she  shall  cease  to  be  entitled  to  any  pay- 
ment out  of  said  annuity  fund  because  of  the  injury,  disease  or  dis- 
ability on  account  of  which  such  teacher  was  originally  retired. 

§  465.  (§  2978d-9)  Teacher  May  Retire  on  Length  of  Service 
Without  Examination.— Any  teacher  applying  for  an  annuity  by  rea- 
son of  length  of  time  of  service  as  in  this  act  provided,  shall  be 
granted  an  annuity  and  retired  without  any  medical  examination, 
nor  need  he  or  she  be  under  any  physical  disability,  and  from  the 
time  of  such  granting  of  annuity  'and  retirement  such  teacher  shall 
not  be  required  to  render  further  services  as  such  teacher,  nor  shall 
he  or  she  be  deprived  of  the  benefits  herein  provided,  except  for 
any  cause  contained  in  Section  311  of  this  act. 

§  466.  (§  2978d-10)  Service  Before  Passage  of  Act  May  be 
Counted. — In  computing  time  under  the  provisions  of  this  act,  such 
time  shall  include  services  rendered  before,  as  well  as  after,  the 
taking  effect  of  this  act. 

§  467.  (§  2978d-ll)  Trustees — Power  to  Make  Rules  and  By- 
Laws. — The  board  of  trustees  shall  have  power  and  authority  to 
make  all  necessary  by-laws  providing  for  the  manner  of  the  election 
of  such  trustees,  to  be  elected  as  in  this  act  provided,  the  counting 
and  canvassing  of  the  votes  for  the  same,  their  meetings,  for  the 
collection  of  all  moneys  and  other  property  coming  or  belonging  to 
said  fund,  and  all  other  matters  connected  with  the  care,  preserva- 
tion and  disbursement  of  the  same,  and  the  proper  execution  of  the 
purposes  and  provisions  of  this  act.  And  any  annuity  authorized  by 
the  board  under  this  law  shall  be  subject  to  reduction  by  said  board 
of  trustees  whenever  in  its  judgment  the  condition  of  the  annuity 
fund,  the  financial  or  other  conditions  of  the  annuitant  or  any  other 
circumstances  render  such  reduction  advisable,  proper  or  necessary, 
and  any  annuity  so  reduced  may  thereafter  be  restored  or  increased, 
as  such  board  may  deem  best. 

^  §  468.  (§  2978d-12)  Annuity  Fund — One-half  May  be  Returned 
If  Teacher  Ceases  to  Teach. — Any  teacher  who  shall  cease  to  teach 
in  the  public  schools  of  such  city  before  receiving  any  benefit  from 
the  fund,  shall  be  entitled  to  the  return  of  one-half  of  the  amount, 
without  interest,  which  shall  have  been  paid  into  said  annuity  fund 
by  such  teacher;  provided,  however,  should  such  teacher  thereafter 
again  teach  in  the  public  schools  of  such  city,  he  or  she  shall  refund 
to  said  annuity  fund  the  amount  so  returned  to  such  teacher  within 
one  year  from  the  date  of  his  or  her  return  to  service  in  the  schools. 
And  should  any  teacher  die  before  receiving  any  of  the  benefits  of 
pensions  by  this  act  provided,  the  board  of  trustees  shall  pay  to  such 
teacher's  heirs  or  estate,  or  either  or  any  of  them,  as  it  shall  see 
fit,  one-half  the  amount,  without  interest,  which  shall  have  been 
paid  into  said  annuity  fund  by  said  teacher. 


186  KENTUCKY   SCHOOL  LAWS  1916. 

§  469.  (§  2978d-13)  Annuities  to  be  Paid  by  Treasurer—Time 
of  Payment. — All  annuities  herein  provided  for  shall  be  paid  to  the 
treasurer  of  the  Board  of  Education  at  his  office  at  such  times  and 
in  such  installments  as  the  trustees  may  determine,  provided  that 
not  less  than  one-third  of  each  annuity  or  percentage  thereof  shall 
be  paid  before  December  15th,  'and  the  balance  not  later  than  June 
1st  of  each  scholastic  year.  Provided,  further,  that  no  annuity  of 
any  kind  whatsoever  provided  for  in  this  act  shall  be  payable  prior 
to  October  1,  1915;  but  simple  interest  at  six  per  cent  per  annum 
shall,  until  said  date,  run  on  any  annuity  beginning  with  the  1st  of 
June  of  the  scholastic  year  in  which  the  right  thereto  may  accrue. 

§  470.  (§  2978d-14)  Annuities  Not  Subject  to  Process. — All  an- 
nuities granted  and  payable  out  of  said  teachers'  annuity  fund  shall 
be  and  are  exempt  from  seizure  or  levy  upon  attachment,  execution, 
supplemental  process,  and  all  other  process,  whether  mesne  or 
final;  and  such  annuities  or  any  payment  of  the  same  shall  not  be 
subject  to  sale,  assignment  or  transfer  by  any  beneficiary,  and  such 
transfer  shall  be  absolutely  void. 

§  471.  (§  2978d-15)  Annuity  Fund  May  be  Discontinued  for 
Certain  Causes. — Whenever  any  person  who  shall  have  received  any 
benefit  from  said  fund  shall  be  convicted  of  any  felony,  or  of  any 
misdemeanor  or  for  which  he  or  she  shall  be  adjudged  to  be  im- 
prisoned, or  shall  fail  to  report  for  examination  for  duty  as  required 
herein,  unless  excused  by  the  board  of  trustees  of  such  city,  or  shall 
disobey  the  requirements  of  said  board  of  trustees  in  respect  to  said 
examination  for  duty,  or  shall  fail  to  perform  such  duty  as  may  be 
required  of  him  or  her  if  found  'able  to  perform  such  duty,  then  such 
board  shall  order  that  the  annuity  allowed  and  paid  to  him  or  her 
shall  cease,  until  the  further  order  of  such  board. 

§  472.  (§  2978d-16)  Teacher— Definition  of  Term.— The  term 
teacher  as  used  in  this  act  shall  mean  and  include  any  principal,  as- 
sistant principal,  supervisor,  assistant  supervisor,  person  in  charge 
of  any  special  department  of  instruction,  and  any  teacher  or  in- 
structor regularly  employed  as  such  by  the  Board  of  Education  of 
such  city. 

§  473.  (§  2978d-17)  Date  When  Annuity  May  >be  Applied  For. 
— Annuities  may  be  applied  for  under  this  act  on  or  after  December 
1,  1912,  by  any  teacher  who,  after  the  approval  of  this  act,  shall  be 
in  the  employ  of  said  Board  of  Education  and  be  entitled  to  an  an- 
nuity under  the  terms  of  this  act. 

§  474.  (§  2978d-18)  Repealing  Clause. — The  general  school  laws, 
of  this  State,  and  all  laws. and  parts  of  laws  applicable  to  the  gen- 
eral system  of  common  schools  in  a  city  of  the  first  class  and  not 
inconsistent  herewith,  shall  be  in  full  force  and  effect  in  such  city. 


PARENTAL  HOME  AND  SCHOOL  COMMISSION.  187 

CHAPTER  XXIX. 

(Section  numbers  in  parenthesis  refer  to  Kentucky  Statutes.) 


PARENTAL   HOME   AND    SCHOOL   COMMISSION. 

§  475.  (§  938b)  (1)  Parental  Home  and  School  Commission. 
— In  all  counties  in  this  Commonwealth  wherein  there  is  a  city  of 
the  first  class,  there  shall  be  created  a  bi-partisan  commission  com- 
posed of  seven  persons  of  whom  two  shall  be  women,  and  three  of 
whom  shall  belong  to  the  same  political  party  as  the  County  Judge, 
and  four  of  whom  shall  be  selected  from  that  party  that  at  the  last 
gener'al  and  preceding  election  shall  have  cast  the  next  largest  vote, 
which  shall  be  a  body-politic  and  corporate,  and  shall  be  known  as 
the  "Parental  Home  and  School  Commission,"  and  in  which  name 
it  may  contract  and  may  be  contracted  with,  sue  and  be  sued,  ac- 
quire real  and  personal  estate  by  gift  or  purchase,  and  do  all  other 
acts  necessary  to  carry  out  the  purposes  of  this  act. 

§  476.  (§  938b)  (2)  Members  Appointed  by  County  Judge.— 
The  members  of  said  commission  shall  be  appointed  by  the  County 
Judge,  who  with  the  County  Judge  as  a  member  ex-officio  shall  con- 
stitute said  commission.  Said  members  shall  be  appointed  for  a  term 
of  two  years.  Vacancies  in  said  commission  shall  be  filled  for  the 
unexpired  term  in  the  same  manner  as  the  original  appointment. 
Said  commissioners  shall  serve  without  compensation. 

§  477.  (§  938b)  (3)  Superintendent  May  be  Employed.— Said 
commission  shall  have  power  to  appoint  a  superintendent  at  a  salary 
not  exceeding  $2,000  per  year,  and  such  other  employees  as  may  be 
necessary  and  fix  their  compensation;  to  rent  and  purchase  farm 
lands;  erect,  equip,  conduct  and  maintain  suitable  buildings  and 
grounds  for  the  care,  custody,  maintenance,  education  and  training 
of  such  dependent,  neglected  or  orphaned  children  as  may  be  com- 
mitted to  it  by  order  of  the  County  Judge,  or  Juvenile  Court  Judge, 
and  to  make  all  needful  rules  for  the  conduct  and  maintenance  of 
the  said  Parental  Home  and  School,  which  in  their  judgment  seems 
proper,  and  may  not  be  in  conflict  with  the  law. 

§  478.  (§  938b)  (4)  Tax  Levy  to  Maintain.— In  order  to  pro- 
vide money  for  the  purchase  of  farm  lands  and  to  erect  and  equip 
necessary  buildings  for  the  needs  and  purposes  of  the  Parental  Home 
and  School,  and  to  maintain  the  same,  the  Fiscal  Court  is  empowered 
to  levy  and  collect  a  tax  of  two  cents  or  less  annually  on  each  one 
hundred  dollars'  worth  of  property  as  shown  in  the  last  returned 
assessment,  as  may  be  necessary  and  to  set  the  same  ap'art  as  a  sepa- 
rate fund  for  the  purposes  of  this  act  until  a  sufficient  amount  shall 
have  been  accumulated  for  the  purchase  of  said  farm  lands  and  the 


188  KENTUCKY  SCHOOL  LAWS  1916. 

erection  and  equipment  of  suitable  and  sufficient  buildings  for  the 
conduct  of  said  Parental  Home  and  School,  and  said  fund  shall  be 
used  only  for  the  purpose  for  which  it  was  created:  Provided,  that 
any  fund  heretofore  set  apart  by  the  Fiscal  Court  for  the  care  and 
custody  of  dependent  children  shall  be  placed  to  the  credit  of  the 
Parental  Home  and  School  Commission,  and  may  be  at  once  used 
by  said  commission  in  the  purchase  of  farm  lands  and  equipment, 
and  the  general  purposes  of  this  act. 

§  479.  (§  938b)  (5)  All  sums  derived  from  taxation  for  the 
purchase  of  lands  and  the  erection,  equipment  and  maintenance  of 
the  buildings  and  institutions,  including  any  fund  heretofore  set  apart 
and  now  on  hand  for  the  care  and  custody  of  dependent  children  shall 
be  paid  over  to  said  commission  for  the  purposes  herein  set  forth. 


CITIES  OP  THE  SECOND  CLASS.  189 

CHAPTER  XXX. 

(Section  numbers  in  parenthesis  refer  to  Kentucky  Statutes.) 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS. 

§  480.  (§  3235a-l)  Board  of  Education.— Each  city  in  this  State 
of  the  second  class,  together  with  the  territory  now  within  its  limits, 
or  which  may,  in  the  future,  he  included  by  any  change  in  these 
limits,  shall  be  and  constitute  a  single  school  district,  and  the  super- 
vision and  government  of  common  schools  and  common  school  prop- 
erty therein  shall  be  vested  in  a  board  of  five  trustees  *o  be  called 

and  known  as  the  "Board  of  Education  of , 

Kentucky,"  (in  which  title  the  name  of  such  city  shall  be  inserted.) 
Such  Board  of  Education  shall  be  a  body  corporate  and  sh'all  have 
power,  by  and  in  said  name,  to  sue  and  be  sued,  contract  and  be  con- 
tracted with,  purchase,  receive,  hold  and  sell  property,  do  all  things 
necessary  to  accomplish  the  purpose  for  the  attainment  of  which 
such  school  district  is  organized,  and  succeed  to  all  the  property, 
property  rights  and  privileges,  of  whatever  kind  or  nature,  granted 
and  belonging  to  any  previous  corporation,  board  of  education  or 
school  district  in  such  city,  or  officers  thereof,  authorized  or  em- 
powered by  any  enactment  of  the  General  Assembly  of  the  State  to 
do  anything  in  reference  to  public  education.  Provided,  that  all 
pending  suits  to  which  any  such  previous  corporation,  board  of  edu- 
cation or  school  district  or  officer  thereof,  is  a  party,  may  be  prose- 
cuted to  an  end  in  the  name  of  such  party.  All  titles  to  property 
previously  granted  to  such  city  by  tbe  United  States,  or  this  State, 
for  common  school  purposes,  and  the  title  to  all  school  lands  and 
other  property  of  every  kind,  shall  be  vested  in  the  Board  of  Educa- 
tion established  by  this  act. 

Every  such  Board  of  Education  shall  have  general  ana  super- 
vising control,  government  and  management  of  the  public  schools, 
including  kindergartens,  night  and  normal  schools  and  high 
schools  as  hereinafter  provided,  and  public  school  property  in  such 
city,  with  the  right  to  use  said  property  to  promote  public  education 
in  such  ways  'as  it  may  deem  necessary  and  proper;  shall  exercise 
generally  all  powers  in  the  administration  of  the  public  school  system 
therein,  appoint  such  officers,  agents  and  employes  as  it  may  deem 
necessary  and  proper  and  fix  their  compensation  and  term  of  office; 
shall  have  power  to  fix  *he  time  of  its  meetings,  to  make,  amend,  and 
repe'al  rules  and  by-laws  for  its  meetings  and  proceedings,  for  the 
government,  regulation  and  management  of  the  public  schools  and 
school  property  in  such  city,  for  the  transaction  of  its  business,  and 
for  the  examination,  qualification  and  employment  of  teachers,  which 


190  KENTUCKY  SCHOOL  LAWS  1916. 

rules  and  by-laws,  when  not  inconsistent  with  the  general  laws  of 
the  State,  shall  be  binding  en  such  board  of  education  and  all  part- 
ies dealing  with  it  until  formally  repealed  by  an  affirmative  vote  of 
four  members  of  said  board;  to  provide  for  special  and  standing  com- 
mittees; to  provide  for  the  appointment  of  a  medical  inspector  for 
the  schools  and  to  take  such  other  steps  as  may  be  proper  'and  neces- 
sary to  secure  and  maintain  the  physical  welfare  of  the  pupils 
therein;  to  certify  to  the  general  council  or  the  board  of  commis- 
sioners the  amount  of  money  necessary  for  the  maintenance  and 
improvement  of  the  schools  as  hereinafter  provided,  and  to  purchase 
and  hold  all  property,  real  and  personal,  deemed  by  it  necessary 
for  the  purposes  of  public  education,  or  for  the  investment  of  the 
public  school  funds,  to  build  and  construct  improvements  for  such 
purposes,  and  to  hold  or  sell  the  same.  To  aid  in  the  purchase  of 
real  estate  for  school  purposes,  the  board  may  acquire  said  property 
by  deed  with  purchase  money  lien  retained,  or  it  may  mortgage  the 
property  so  purchased  to  secure  a  balance  of  purchase  money  or  to 
raise  funds  with  which  to  effect  the  purchase  and  may  refund,  renew 
or  extend  any  encumbrance  on  school  property  by  executing  a  new 
mortgage  on  the  same  property  for  a  less  amount. 

§  481.  (§  3235a-2)  Real  Estate — Power  to  Purchase  and  Con- 
demn.— It  shall  also  have  power,  when  unable  to  contract  with  the 
owner  of  any  real  estate  necessary  to  the  proper  accomplishment  of 
the  purpose  for  which  said  board  is  created,  to  institute  condemnation 
proceedings  in  accordance  with  the  law  governing  railroad  corpora- 
tions operated  or  incorporated  under  the  existing  laws  of  this  Com- 
monwealth, or  under  laws  which  may  here'after  be  enacted;  and  to 
have  in  such  proceedings  the  same  rights,  powers,  privileges  and 
restrictions,  as  are  now  granted  to  or  conferred  upon  such  railroad 
corporations.  Such  Board  of  Education  shall  have  all  the  powers  of 
other  school  districts  under  the  laws  of  this  State,  except  as  herein 
provided. 

Section  1.  The  Bo'ard  of  Education  of  any  city  of  the  Sec- 
ond Class  shall  have  power  to  establish  a  fund  to  be  known  as  the 
"Insurance  Fund,"  which  it  may  do  by  resolution  so  stating  and 
fixing  the  maximum  limit  of  said  fund,  and  said  fund,  so  set  apart, 
shall  be  maintained  separate  and  distinct  from  the  other  funds  and 
moneys  of  this  board,  to  be  used  exclusively  for  replacing  and  re- 
pairing any  injury  or  destruction  to  any  of  the  buildings  owned  by 
the  board  or  to  their  contents,  when  caused  by  fire,  tornado,  wind- 
storm, cyclone,  casualty,  explosion,  riot  or  flood,  but  not  when  caused 
by  wear  and  tear  or  the  natural  processes  of  decadence  or  deteriora- 
tion. 

Section  2.  That  the  Board  of  Education  may  raise  the  maximum 
limit  of  said  fund  from  time  to  time  as  it  may  deem  best.  Until 
the  amount  in  said  fund  shall  equal  the  maximum  limit,  the  Board 


CITIES   OF  THE   SECOND   CLASS.  191 

of  Education  sh'all  each  year  from  the  revenues  under  its  control 
set  apart  to  said  fund  a  sum  equal  to  one-tenth  of  the  difference  be- 
tween the  amount  then  in  the  fund  and  the  then  maximum  limit  of 
the  fund,  the  same  to  be  paid  over  and  placed  in  said  fund  in  Jan- 
uary and  July  of  each  year,  at  least  half  in  December,  and  half  in 
June  of  that  year.  Whenever  any  portion  of  said  fund  shall  be  used 
as  herein  provided,  payments  to  restore  the  fund  shall  at  once  be 
begun  and  be  continued  until  the  restoration  is  complete.  When- 
ever the  fund  is,  for  any  reason,  below  the  maximum  limit,  the  in- 
terest derived  from  the  investment  thereof  shall  be  'accumulated  and 
added  to  the  fund,  but  otherwise  said  interest  may  be  transferred 
to  the  general  funds  of  said  board. 

Section  3.  That  said  fund  shall  be  kept  on  deposit  with  the 
treasurer  of  the  board,  unless  by  order  of  the  board  upon  the  recom- 
mendation of  the  Committee  on  Finance,  it  be  invested  under  the 
supervision  of  that  committee,  in  United  States,  State,  county,  city 
or  school  bonds  (not  bonds  payable  from  assessments,  and  registered, 
if  practicable),  and  if  said  bonds  be  coupon  bonds,  then  same  shall 
be  kept  deposited  in  a  safe  deposit  vault  and  be  opened  only  by  the 
business  manager  or  clerk  of  the  board  in  the  presence  of  the  presi- 
dent of  the  board  and  the  chairman  of  the  Finance  Committee. 

Section  4.  The  board  shall  once  each  year  cause  every  building 
to  be  strictly  examined  by  a  competent  insurance  inspector,  who 
shall  make  a  written  report  of  the  result  of  his  examination  with 
recommendations. 

Section  5.  Whenever  any  injury  occurs  to  any  of  the  buildings, 
or  their  contents,  from  fire,  tornado,  windstorm,  cyclone,  casualty, 
explosion,  riot  or  flood,  'a  sworn  proof  of  loss  in  writing  shall  be 
prepared  within  thirty  (30)  days  thereafter  by  the  business  director, 
which  shall  show  in  detail  the  items  of  injury,  and  in  detail  an  esti- 
mate of  the  extent  of  the  financial  loss  and  whether  and  to  what 
extent  the  same  is  covered  by  insurance,  with  the  names  of  the 
companies,  the  numbers  of  the  policies  and  the  names  of  the 
agents,  and  shall  file  said  statement  with  the  Board  of  Education. 
Before  the  Board  of  Education  shall  have  power  to  appropriate  any 
portion  of  said  fund,  the  Building  Committee  and  the  Finance  Com- 
mittee of  said  board  shall  report  to  the  board  in  writing  answering 
in  detail  the  following  questions  and  making  such  recommendations 
as  it  deem  best: 

a — What  is  the  entire  loss  on  the  building?  $ 

When  and  what  caused  it? 

b — What,  if  any,  deduction  should  be  made  for  wear  and  tear 
and  the  natural  processes  of  decadence  and  deterioration? 
$ 

c — What,  if  any,  portion  of  the  loss,  proposed  to  be  made  good 
from  this  fund,  resulted  from  causes  covered  by  this  fund? 


192  KENTUCKY  SCHOOL  LAWS  1916. 

d— Will  it  be  practicable  to  make  the  restoration  from  the  gen- 
eral fund,  and  the  proceeds  of  any  insurance  policies,  with- 
out assistance  from  this  fund? 

e — If  assistance  is. needed,  from  this  fund,  how  much     $ 

f — It  so,  how  will  the  portion  so  used  be  returned  to  the  fund? 

g — Does  or  not  each  committee  recommend  an  appropriation 
from  this  fund  to  aid  in  the  restoration  proposed? 

h — Ii  so,  how  much? 

Every  vote  upon  the  use  or  investment  of  any  portion  of  said 
fund  shall  be  by  call  of  the  ayes  and  nays  and  the  record  shall  show 
how  each  member  voted. 

Section  6.  In  case  of  delay  by  any  insurance  company  in  pay- 
ing over  to  the  Board  of  Education  the  amount  of  any  loss  under 
a  policy,  the  board  may,  on  the  recommendation  of  the  Building  and 
Finance  Committees,  appropriate  out  of  this  fund,  a  sum  not  exceed- 
ing the  amount  of  the  provable  loss  under  said  policy,  to  aid  in  the 
prompt  restoration  of  such  loss.  Provided,  That  in  no  event  shall 
the  amount  so  drawn  from  this  fund  exceed  the  amount  collectable 
from  said  policies  and  that  a  resolution  be  adopted  setting  over  to 
this  fund  the  proceeds  of  said  policies  or  sufficient  thereof  to  re- 
place the  amount  so  used  and  the  proceeds  when  collected  shall  be 
so  used  and  not  otherwise. 

Section  7.  Any  member  of  the  board  who  shall  vote  for,  or  any 
officer  of  said  board  who  shall  certify  to,  or  dr'aw  a  check  for,  an 
appropriation  in  violation  of  this  act  shall  thereby  be  and  become 
liable  to  the  board  for  the  restoration  of  the  amount  of  such  wrong- 
ful appropriation,  such  liability  to  be  enforced  in  an  action  brought 
by  the  board  or  by  any  citizen  of  the  district  or  by  the  Superintend- 
ent of  Public  Instruction  of  the  State  and  shall  in  addition  be  guilty 
of  malfeasance  in  office  and  upon  conviction  shall  forfeit  his  office" 
and  may  for  each  offense  be  fined  not  less  than  $50.00  nor  more  than 
$1,000.00  or  imprisoned  from  one  to  five  years  or  both  so  fined  and 
imprisoned  in  the  discretion  of  the  court — one-half  of  said  fine  to  be 
paid  over  by  the  collecting  officers  to  said  board. 

§  482.  (§  3235a-3)  Qualification  of  Members.— No  person  shall 
be  eligible  to  the  office  of  member  of  the  Board  of  Education  who  has 
not  attained  the  age  of  twenty-four  (24)  years,  and  who  is  not  a 
citizen  of  the  United  States,  and  who  has  not  been  such  citizen  for 
at  least  three  years  preceding  his  election,  and  a  resident  of  the  city 
for  which  he  is  elected,  or  who  holds  or  discharges  any  office,  deputy- 
ship  or  agency  under  the  city  or  county  of  his  residence;  except  that 
any  member  of  said  board,  or  any  existing  board,  shall  be  eligible 
for  re-election;  no  person  shall  be  eligible  to  this  office  who  at  the 
time  of  his  election  is  directly  or  indirectly  interested  in  any  con- 
tract with  or  claim  against  said  board,  or  who  is,  directly  or  in- 
directly, interested  in  the  sale  to  the  board  of  books,  stationery  or 


CITIES  OP  THE  SECOND  CLASS.  193 

other  property.  If,  at  any  time,  alter  the  election  of  any  member 
of  said  board,  he  shall  become  interested  in  any  such  contract  with 
or  claim  against  said  board,  or  if  he  shall,  after  election,  become  a 
candidate  for  any  office  or  agency  or  for  the  nomination  thereto,  the 
holding  and  the  discharging  of  the  duties  of  which  would  have  ren- 
dered him  ineligible  before  election,  or  if  he  shall  move  his  residence 
from  the  city  for  which  he  was  chosen,  or  if  he  shall  do  or  incur 
anything  which  would  have  rendered  him  ineligible  for  election,  his 
office  shall  without  further  action  be  vacant,  and  it  shall  be  filled  as 
herein  directed.  Provided,  That  no  member  of  said  board  shall  vote 
regarding  the  appointment  or  employment  in  'any  capacity  of  any 
person  related  to  said  member  as  father,  mother,  brother,  sister, 
husband,  wife,  son  or  daughter,  nor  shall  any  member  of  said  board 
hold  any  office  or  position  of  emolument  under  appointment  of  said 
board. 

§  483.  (§  3235a-5)  Oath  of  Office.— Every  member  of  said  board 
shall,  before  assuming  the  duties  of  his  office,  qualify  by  taking  the 
following  oath  which  shall  be  kept  on  record  in  such  board: 

STATE  OF  KENTUCKY, 

COUNTY  OP 

,   being   duly   sworn,    says   that 

he  is  eligible  under  the  law  to  serve  as  a  member  of  the  Board  of 
Education,  and  that  he  will  not,  while  serving  as  a  member  of  such 
board,  become  interested  directly  or  indirectly  in  any  contract  with, 
or  claim  against  said  board,  and  that  he  will  not  be  influenced  dur- 
ing his  term  of  office  by  any  consideration  except  that  of  merit  or 
fitness  in  the  appointment  of  officers  or  engagement  of  employees, 
and  that  he  will  support  the  Constitution  of  the  United  States  and 
of  this  State  and  faithfully  perform  the  duties  of  his  office. 


Sworn  to  and  subscribed  before  me  this day  of 


§  484.  (§  3235a-6)  Compensation— Manner  of  Election.— No 
compensation  shall  foe  paid  to  the  members  of  the  board,  but  they 
shall  be  exempt  from  jury  duty  and  from  service  as  election  officers 
during  their  term  of  office. 

The  members  of  said  Board  of  Education  shall  be  elected  from 
the  city  at  large  for  the  term  of  four  years,  except  as  specified  in 
sections  485  and  487  herein,  by  the  legal  voters  of  such  city. 
They  shall  be  elected  from  the  city  at  large  without  reference  to 
wards  or  other  territorial  sub-divisions,  and  such  election  shall  be 
held  under  the  provisions  of  the  general  laws  governing  city  elec- 
tions, so  far  as  they  are  not  inconsistent  with  the  provisions  of  this 
act. 

S.  L.— 7 


194  KENTUCKY   SCHOOL  LAWS  1916. 

§  485.  (§  3235a-7)  Election  by  Secret  Ballot— Petition  to  Nomi- 
nate.— All  elections  for  members  of  the  Board  of  Education  shall  be 
by  secret  ballot.  Said  ballot  shall  be  on  a  separate  sheet  from  all 
other  ballots  to  be  used  in  any  election.  It  shall  be  the  duty  of  the 
County  Clerk  of  any  county,  in  which  a  city  of  the  second  class  is 
situated,  to  cause  to  be  printed  on  said  ballot  the  names  of  all  can- 
didates for  membership  of  the  Board  of  Education  of  such  city,  in 
whose  behalf  he  may  be  petitioned  so  to  do  in  writing,  by  not  less 
than  one  hundred  legal  voters  of  such  city.  The  petitions  must  be 
filed  in  the  office  of  the  County  Clerk  not  more  than  sixty  and  not 
less  than  fifteen  days  before  the  day  of  election,  and  each  petition 
must  be  signed  by  the  requisite  number  of  qualified  persons  and 
shall  show  the  place  of  residence  of  each  person  signing  it,  and  no 
person  shall  sign  more  petitions  than  the  number  of  offices  to  be 
filled.  If  the  nomination  is  to  fill  a  vacancy,  the  petition  shall  so 
state.  When  the  same  person  shall  be  nominated  for  a  full  term 
and  to  fill  a  vacancy,  he  shall  be  accepted  as  a  candidate  for  the 
full  term. 

Said  ballot  shall  be  in  the  form  prescribed  for  ballots  by  the  gen- 
eral election  law  of  the  State,  except  that  no  party  emblem  or  other 
emblem  or  distinguishing  mark  shall  be  placed  upon  said  ballot,  save 
the  words  "SCHOOL  TICKET"  at  the  head  thereof;  and  that  the 
names  of  all  candidates  for  membership  in  the  Board  of  Education 
shall  be  printed  on  said  ballot  in  a  single  column.  The  names  shall 
be  printed  on  the  first  fifty  ballots  as  arranged  in  alphabetical  list. 
On  each  of  the  succeeding  fifty  ballots  the  names  shall  be  printed 
in  the  same  order,  save  that  the  last  name  on  the  preceding  fifty 
ballots  shall  be  shifted  to  the  first  place;  and  so  on  thereafter 
throughout,  a  like  change  being  made  in  the  printed  order  of  names 
for  every  fifty  ballots  and  such  ballots  shall  be  so  bound  that  in  the 
book  of  ballots  for  each  voting  precinct  each  candidate's  name  will 
appear  first  on  approximately  the  same  number  of  ballots  as  that 
of  every  other  candidate.  As  many  additional  lines  shall  be  left 
blank  as  there  are  members  to  be  elected. 

The  provisions  of  the  general  election  law  of  the  State  of  Ken- 
tucky as  to  the  duties  of  County  Clerks  and  other  public  officers  in 
the  matter  of  printing  and  distributing  ballots,  of  issuing  them  to 
voters,  of  receiving  and  depositing  them  in  the  ballot  boxes  and  of 
counting  and  preserving  them,  and  in  other  particulars  except  as 
otherwise  provided  herein,  shall  be  applicable  in  all  respects  to  the 
election  of  members  of  the  Bo'ard  of  Education:  Provided,  That  it 
c>hall  be  the  duty  of  the  sheriff  of  each  county  in  which  a  city  of  the 
second  class  is  situated,  to  provide  for  each  precinct  in  said  city  a 
separate  box  for  the  reception  of  the  ballots  used  in  the  election  of 
members  of  the  Board  of  Education.  And  provided,  further,  That  it 
shall  be  the  duty  of  the  judge  of  election  of  the  opposite  political 


CITIES  OF  THE  SECOND  CLASS.  195 

faith  to  the  clerk  of  election  in  each  precinct  to  issue  the  school 
ballots  in  the  same  m'anner  as  other  ballots  are  issued  by  the  clerk 
of  election,  by  writing  the  name  and  residence  of  the  voter  upon 
the  primary  stub,  and  his  registered  number  upon  the  secondary  stub 
of  the  school  ballot,  and  by  observing,  as  to  these  ballots,  such  other 
regulations  for  the  issue  and  deposit  of  ballots  as  may  be  prescribed 
for  elections  generally.  It  shall  be  unlawful  for  an  election  officer 
or  other  person  within  the  election  booth  to  tell  or  to  indicate  by 
word  of  mouth  or  otherwise  to  a  voter  what  may  be  the  political 
affiliations  of  any  candidate,  and  a  violation  of  this  provision  shall 
be  a  misdemeanor  punishable  by  fine  not  exceeding  two  hundred 
dollars.  And  provided,  further,  That  upon  the  filing  with  the  county 
judge  of  the  county  wherein  a  city  of  the  second  class  is  situated 
of  a  petition  signed  by  a  number  of  legal  voters  equal  to  twenty  per 
cent,  or  more  of  the  total  number  of  votes  cast  in  said  city  at  the 
last  preceding  election  at  which  presidential  electors  were  -voted  for, 
requesting  that  the  election  of  members  of  the  Board  of  Education 
in  said  city  be  held  on  a  day  other  than  the  day  for  holding  the 
general  election  therein,  said  County  Judge  shall  make  an  order 
designating  some  day  for  the  election  of  members  of  the  Board  of 
Education  in  said  city,  which  day  shall  be  not  less  than  ninety  nor 
more  than  one  hundred  and  twenty  days  after  the  date  whereon  said 
order  shall  have  been  entered.  Whenever  such  order  shall  have  been 
entered  by  said  court,  the  day  so  designated  by  him  shall  thereafter 
continue,  unless  changed  by  order  of  court  as  herein  provided,  to 
be  the  day  for  the  holding  elections  for  members  of  the  Board  of 
Education,  and  all  the  provisions  of  this  act  and  of  the  general  law 
regulating  elections  in  this  Commonwealth,  when  not  otherwise  in- 
consistent, shall  apply  to  and  govern  said  elections,  except  that  it 
shall  be  the  duty  of  the  clerk  of  said  election  to  issue  said  ballots 
in  said  separate  elections  in  the  same  manner  as  other  ballots  are 
issued  by  him  in  general  elections.  Said  petition  to  be  filed  with 
the  county  court,  as  aforesaid,  shall  be  filed  not  later  than  the  1st 
day  of  September  of  the  regular  year  or  years  for  holding  said  elec- 
tions, beginning  with  the  year  1912,  and  shall  show  the  place  of  resi- 
dence of  each  person  signing  it,  and  the  order  of  the  County  Judge 
in  reference  thereto  shall  be  entered  within  fifteen  days  after  the 
filing  of  same.  The  expense  of  holding  said  separate  elctions,  if 
ordered,  as  aforesaid,  shall  be  paid  for  by  the  city  wherein  same 
shall  be  held  out  of  its  general  funds. 

§  486.  (§  3235a-8)  Number  of  Candidates  to  be  Voted  for. — Each 
voter  may  vote  for  as  many  of  said  candidates  as  there  are  mem- 
bers to  be  elected,  by  making  a  cross  in  the  square  opposite  the  name 
of  each  candidate  for  whom  he  wishes  to  vote.  The  candidates,  in 
number  equal  to  the  number  of  members  to  be  chosen,  who  have 
the  highest  number  of  votes,  shall  be  declared  elected.  If  at  any 


196  KENTUCKY   SCHOOL  LAWS  1916. 

election  a  member  is  to  be  chosen  to  fill  a  vacancy  and  to  serve  out 
an  unexpired  term,  candidates  may  be  chosen  as  above  provided, 
but  they  shall,  in  all  cases,  be  designated  on  the  ballot  as  candidates 
to  fill  a  vacancy,  and  the  date  of  the  unexpired  term  shall  be  stated. 

§  487.  (§  3235a-9)  Time  of  Election. — At  the  election  occurring 
in  the  month  of  November,  1912,  or  on  such  date  as  may  be  fixed 
in  1912  by  order  of  the  County  Court  according  to  the  provisions 
of  section  485  of  this  law,  five  members  of  the  Board  of  Education 
shall  be  elected  as  herein  provided.  After  having  qualified  by  tak- 
ing the  oath  prescribed  by  law,  they  shall  assume  office  on  the  first 
Monday  in  January,  1913,  and  shall  meet  at  the  office  of  the  present 
Board  of  Education  of  said  city  on  said  day,  and  shall  proceed  to 
organize  by  electing  one  of  their  number  president,  and  another  vice- 
president.  Within  one  week  after  the  organization  of  said  board,  it 
shall  meet  to  divide  its  members  by  lot  in  such  manner  as  they  shall 
determine  into  two  classes,  as  follows:  The  first  class  consisting  of 
two  memebrs  shall  hold  office  through  the  31st  day  of  December, 
1914;  the  second  class,  consisting  of  three  members,  shall  hold  office 
through  the  31st  day  of  December,  1916.  At  the  election  of  1914, 
and  at  each  regular  election  held  in  each  even  numbered  year  there- 
after, members  shall  be  elected  as  hereinbefore  provided  to  take  the 
place  of  those  whose  terms  will  next  expire,  and  the  members  so 
chosen  shall  hold  office  for  four  years,  or  until  their  successors  are 
elected  and  qualified.  At  its  first  regular  meeting  after  the  first 
day  of  January  in  each  year  following  said  regular  elections,  said 
Board  of  Education  shall  organize  by  electing  one  of  its  members 
president  and  another  vice-president.  The  board  shall  hold  meet- 
ings regularly  'at  least  once  a  month,  and  shall  keep  a  correct  record 
of  its  proceedings  in  a  book  provided  for  that  purpose,  which  shall 
be  a  public  record  open  to  inspection  by  any  officer  or  citizen  of 
the  city. 

§  488.  (§  3235a-10)  Members — Failure  to  Attend  Meetings  of 
Board. — Any  member  failing  to  attend  the  meetings  of  the  board  for 
three  consecutive  regular  meetings,  unless  excused  by  the  board  for 
reasons  satisfactory  to  the  board,  shall  be  deemed  to  have  vacated 
his  seat. 

§  489.  (§  3235a-ll)  Vacancy—How  Filled.— Any  vacancy  in 
said  board,  from  whatever  cause  occurring,  shall  be  temporarily 
filled  by  the  other  members  of  the  board  as  soon  'as  practicable  after 
such  vacancy  occurs.  The  member  so  chosen  shall  hold  office  until 
his  successor  is  elected  and  qualified,  subject  to  the  provisions  of 
section  152  of  the  Constitution  of  Kentucky. 

§  490.  (§  3235a-12)  Old  Board  to  Surrender  Office.— When 
members  of  the  Board  of  Education  shall  have  been  elected,  shall 
have  qualified,  and  shall  have  organized  as  hereinbefore  provided, 
thereupon  it  shall  become  the  duty  of  any  then  existing  corporations, 


CITIES  OF  THE  SECOND  CLASS.  197 

or  board  of  education,  or  officers  of  the  school  district  of  such  city 
to  surrender  their  offices,  and  to  deliver  to  said  Board  of  Education, 
or  to  its  officers,  agents  or  employees,  all  the  public  school  property, 
both  real  and  personal,  of  every  kind  whatsoever,  and  the  control 
and  management  of  the  public  school  affairs  of  such  city.  Pro- 
vided, That  until  such  Board  of  Education  shall  be  organized,  the 
administration  of  the  public  schools  and  the  management  of  school 
property  in  such  city  shall  remain  in  the  control  of  any  such  exist- 
ing corporation,  board  of  education  or  officers  of  the  school  district, 
in  the  same  manner  and  with  the  same  power  as  existed  prior  to  the 
passage  of  this  act;  and  the  Board  of  Education  elected  under  this 
act  shall  continue,  subject  to  removal  for  cause,  the  employment  and 
service  of  any  existing  officers,  teachers,  agents,  or  other  employees, 
in  their  several  capacities  in  connection  with  the  administration  of 
school  affairs,  until  the  close  of  the  term  for  which  they  have  been 
elected;  and  said  Board  of  Education  may  thereafter  retain  without 
examination,  or  remove  any  agents,  teachers,  janitors,  engineers,  or 
other  employees  then  rendering  service  in, connection  with  the  public 
schools  of  said  city  for  cause  to  be  stated  in  writing. 

All  rules  and  by-laws  made  by  any  existing  corporation,  Board 
of  Education  or  officers  of  the  school  district,  at  such  time  vested  in 
such  city  with  the  management  of  the  public  schools  shall  continue 
in  force,  so  far  as  consistent  with  this  act,  until  repealed  or  altered 
by  such  Board  of  Education. 

§  491.  (§  3235a-13)  Rules  and  By-Laws  May  be  Adopted.— It 
shall  be  the  duty  of  said  Board  of  Education,  within  sixty  days  after 
its  organization,  to  adopt  rules  r.nd  by-laws  for  its  meetings  and  pro- 
ceedings, and  for  the  government,  regulation  and  management  of 
the  schools  and  school  property,  and  for  the  examination,  qualifica- 
tion and  employment  of  teachers.  And  such  rules  or  by-laws  may 
be  changed,  altered  or  set  aside,  only  upon  an  affirmative  vote  of 
four  (4)  members  of  the  board. 

§  492.  (§  3235a-14)  Superintendent — Power  to  Appoint — Quali- 
fications.— The  Board  of  Education  shall  appoint  a  superintendent  of 
schools,  whose  term  of  office  shall  begin  on  July  1st,  following  his 
appointment  and  who  shall  serve  for  a  term  of  two  years,  but  when- 
ever a  superintendent  who  shall  have  served  two  years  after  the 
appointment  which  is  to  be  made  under  this  law  shall  be  reappointed 
to  succeed  himself,  his  reappointment  shall  be  for  a  term  of  four 
years.  He  may  be  removed  by  three  (3)  members  of  the  board  for 
cause,  or  at  any  time  by  (4)  members  of  the  board  and  the  vacancy 
thus  created  shall  be  filled  by  the  board  only  until  the  first  day  of 
July  following,  when  the  temporary  incumbent  or  some  other  per- 
son shall  be  appointed  for  a  first  term  of  two  years  as  hereinbefore 
provided.  The  Board  of  Education  may,  on  the  nomination  of  the 
Superintendent  of  Schools,  appoint  as  many  assistant  superintend- 


198  KENTUCKY   SCHOOL  LAWS  1916. 

ents  as  it  may  deem  necess'ary,  whose  compensation  shall  be  fixed 
by  the  board,  and  who  may  be  removed  for  cause  by  the  superintend- 
ent with  the  approval  of  the  board. 

The  Superintendent  of  Schools  shall  qualify  by  taking  the  oath 
prescribed  by  law,  and  shall  have  general  supervision, '  subject  to 
the  control  of  the  board,  of  the  course  of  instruction,  discipline  and 
conduct  of  the  schools,  text  books  'and  studies;  and  all  appointments, 
promotions  and  transfers  of  teachers  and  truant  officers,  and  intro- 
duction and  changes  of  text  books  and  apparatus,  shall  be  made  only 
upon  the  recommendation  of  the  superintendent  and  the  approval  of 
the  board.  The  superintendent  shall  have  power  to  suspend  any 
teacher  or  truant  officer  for  cause  deemed  by  him  sufficient,  and  the 
Board  of  Education  shall  take  such  action  upon  the  restoration  or 
removal  of  such  person  as  it  may  deem  proper.  All  appointments 
and  promotions  of  teachers  shall  be  mr.de  upon  the  basis  of  merit, 
to  be  ascertained  as  far  as  practicable,  in  cases  of  appointment,  by 
examination,  and  in  cases  of  promotion,  by  length  and  character  of 
service.  Examination  for  appointment  shall  be  conducted  by  the 
superintendent  in  accordance  with  the  State  law  for  the  certification 
of  teachers  and  under  such  other  regulations  as  may  be  made  by 
the  board.  The  Superintendent  of  Schools  shall  devote  himself  ex- 
clusively to  the  duties  of  his  office,  and  shall  have  power  to  ap- 
point clerks,  whose  number  and  salary  shall  be  fixed  by  the  board, 
and  shall  have  power  to  remove  the  same;  shall  exercise  a  general 
supervision  over  the  schools  of  the  city,  examine  their  conditions  and 
progress,  and  shall  keep  himself  informed  of  the  progress  of  educa- 
tion in  other  cities.  He  shall  advise  himself  of  the  need  of  exten- 
sion of  the  school  system  of  the  city,  shall  make  report  from  time 
to  time  as  may  be  fixed  by  the  rules  or  directed  by  the  board,  and 
shall  be  responsible  to  the  board  for  the  condition  of  the  instruction 
and  discipline  of  the  schools.  The  term  "teachers"  as  used  therein 
shall  include  supervisors,  supervising  principals  and  principals. 

§  493.  (§  3235a-15)  Business  Director — Powers  and  Duties. — 
The  Board  of  Education  may  appoint  a  business  director  whose  term 
of  office  shall  begin  on  July  1st  following  his  appointment,  and  who 
shall  serve  for  a  term  of  one  year;  but  whenever  a  business  director 
who  shall  have  served  for  one  year  after  the  appointment  which  is 
to  be  made  under  this  law,  shall  be  re-appointed  to  succeed  himself, 
his  re-appointment  shall  be  for  a  term  of  four  years.  He  may  be 
removed  for  cause  by  a  vote  of  three  members  of  the  bo'ard,  or  at 
any  time  by  a  vote  of  four  members  of  the  board.  His  compensation 
shall  not  be  changed  during  the  term  for  which  he  is  elected.  The 
business  director  shall  qualify  by  taking  the  prescribed  oath,  and 
shall  be  the  executive  officer  of  the  board.  He  shall  execute  for  the 
Board  of  Education,  in  the  name  of  the  board,  its  contracts  and  obli- 
gations, except  that  bonds  issued  shall  be  signed  by  the  president 


CITIES  OP  THE  SECOND  CLASS.  1&9 

of  the  board  and  attested  by  the  business  director;  he  shall  see  that 
all  contracts  made  by  or  with  said  board  are  fully  and  faithfully  per- 
formed; he  shall  have  the  care  and  custody  of  all  property  of  the 
Board  of  Education,  real  and  personal,  except  moneys;  he  shall  over- 
see the  construction  of  buildings  in  process  of  erection  and  repairs 
of  buildings  owned  or  controlled  by  the  board;  shall  advertise  for 
bids,  and  shall  purchase  all  supplies  and  equipments  authorized  by 
the  board;  and  generally,  shall  execute  and  carry  into  effect  all  mat- 
ters and  things,  authority  for  which  shall  have  been  granted  by  the 
board,  as  herein  provided. 

§  494.  (§  3235a-16)  Business  Director  —  Salary — Bond.  — The 
business  director  shall  devote  his  entire  time  to  the  duties  of  his 
office,  and  shall  receive  an  annual  salary  to  be  fixed  by  the  board 
and  payable  monthly  out  of  the  school  fund  of  the  city.  Before  enter- 
ing upon  the  discharge  of  the  duties  of  his  office  he  shall  give  a  bond 
for  the  faithful  performance  thereof  in  a  sum  to  be  fixed  by  the 
board,  with  a  bonding  company  as  surety,  to  be  approved  by  the 
board,  which  bond  shall  be  paid  for  by  the  board  and  deposited  with 
the  treasurer  within  ten  days  from  date  of  election,  to  be  preserved 
by  him. 

§  495.  (§  3235a-17)  Employees — To  Be  Employed  by  Business 
Director. — Subject  to  the  approval  of  the  Board  of  Education  as  to 
the  number  and  salaries,  the  business  director  shall  have  power  to 
appoint  such  engineers,  janitors  and  other  employees  and  agents,  as 
may  be  necessary  for  the  proper  performance  of  the  duties  of  his 
department,  for  whom  he  shall  be  responsible,  and  whom  he  shall 
have  power  to  remove.  He  shall  appoint  such  assistants  and  depu- 
ties as  may  be  authorized  by  the  Board  of  Education,  whose  com- 
pensation shall  be  fixed  by  the  board.  Such  assistants  and  deputies 
shall  be  subject  to  removal  by  the  business  director,  who  shall  be 
responsible  for  the  proper  performance  of  their  duties.  He  shall 
perform  such  other  duties  as  may  be  required  of  him  by  the  board. 

§  496.  (§  3235a-18)  Contracts  for  Buildings — Bids  to  be  Re- 
ceived.— All  contracts  for  the  erection  of  school  buildings  and  addi- 
tions thereto  shall  be  made  by  said  Board  of  Education,  after  public 
letting,  to  the  lowest  and  best  responsible  bidder  complying  with 
the  terms  of  the  letting,  but  it  may  reject  all  bids.  The  necessary 
specifications  and  drawings  shall  be  prepared  for  all  such  work,  and 
bids  therefor  shall  be  solicited  by  such  advertisement  as  the  Board 
of  Education  may  provide.  All  work  of  repairs,  alterations  and  con- 
struction, other  than  said  original  erections  and  additions,  in  and 
upon  school  buildings  and  the  grounds  adjacent  thereto,  shall  be 
done  directly  by  the  business  director,  subject  to  the  approval  and 
control  of  the  board,  and  whenever  directed  to  do  so  by  said  board, 
he  shall  solicit  bids  and  prepare  or  secure  drawings  and  specifica- 
tions therefor. 


200  KENTUCKY   SCHOOL  LAWS  1916. 

No  bids  shall  be  entertained  by  the  business  director  which  are 
not  made  in  accordance  with  the  specifications  furnished  by  him, 
and  all  contracts  sh'all  be  let  to  the  lowest  and  best  responsible  bid- 
der complying  with  the  terms  of  the  letting:  Provided,  however,  that 
the  said  business  director  shall  have  the  right  to  reject  any  and 
all  bids. 

§  497.  (§  3235a-19)  Supplies— Contract  to  be  Awarded  Lowest 
Bidder. — The  Board  of  Education  shall,  at  or  prior  to  the  beginning 
of  each  fiscal  year,  cause  advertisements  to  be  made  under  such 
regulations  as  it  may  provide,  for  proposals  for  furnishing  the  sup- 
plies, required  in  the  schools  and  by  the  board  for  the  ensuing  year; 
and  every  contract  therefor  shall  be  awarded  to  the  lowest  and  best 
responsible  bidder  complying  with  the  terms  of  the  letting:  Pro- 
vided, however,  that  said  board  shall  h'ave  the  right  to  reject  any 
and  all  bids.  If  other  supplies  are  required  during  the  year,  they 
shall  be  furnished  under  contract  awarded  in  like  manner;  but  the 
board  may  authorize  the  purchase  of  supplies  not  exceeding  fifty 
dollars  in  amount  without  letting  a  contr'act.  The  board  shall  make 
distribution  of  supplies  through  such  agencies  and  in  such  manner 
as  it  deems  proper,  and  the  board  may  contract  for  text-books  or 
school  apparatus  for  such  term  of  years  as  it  deems  proper,  pro- 
vided this  term  does  not  exceed  four  years. 

§  498.  (§  3235a-20)  Business  Director  to  Act  as  Secretary- 
Custodian  of  Funds. — The  business  director  shall  also  act  as  secre- 
tary of  the  board,  and  as  such,  he  shall,  subject  to  the  control  of  the 
board,  inspect  regularly  the  fiscal  affairs  of  the  public  schools  of  the 
city,  and  shall  have  charge  of  the  collection  and  payment  of  funds 
to  the  bank  or  trust  company  selected  as  the  treasurer  of  the  board, 
and  the  disbursement  of  all  revenues  and  moneys  belonging  to  the 
board.  He  shall  have  supervision  under  the  direction  of  the  board, 
of  any  permanent  school  fund  of  the  city,  and  the  investment  thereof, 
and  all  invested  property  of  the  board.  He  shall  record  the  pro- 
ceedings of  the  board  in  such  manner  'as  may  be  directed  by  the 
board  and  shall  deposit  daily  in  the  designated  depository  of  the 
board  all  money  collected  or  received  by  him  for  the  board.  He  shall 
furnish,  at  the  beginning  of  each  month,  a  statement  of  receipts  and 
disbursements  of  the  preceding  month;  and  at  the  end  of  the  fiscal 
year  he  shall  make  to  the  board  a  full  and  comprehensive  report  of 
its  financial  affairs  for  the  preceding  year.  He  shall  be  the  custo- 
dian of  all  securities,  documents,  title  papers,  books  of  record  and 
other  papers  belonging  to  the  board,  under  such  conditions  as  the 
board  may  direct.  It  shall  be  his  duty  to  see  that  no  liability  is  in- 
curred or  expenditure  made  without  due  authority  of  law,  and  that 
appropriations  are  not  overdrawn,  and  that  all  expenditures  are 
charged  to  the  appropriations  from  which  they  should  come. 


CITIES  OF  THE  SECOND  CLASS.  201 

§  499.  (§  3235a-21)  The  board  may,  if  it  prefer,  contract  with 
the  city  within  which  it  operates,  to  act  as  its  treasurer  for  such 
time  not  exceeding  four  years  and  upon  such  terms  as  said  board 
and  the  governing  authorities  of  said  city  may  agree. 

If  the  board  of  education  desires  a  bank  or  trust  company  to 
act  as  its  treasurer,  it  may  by  resolution  fix  the  term,  which  shall 
be  not  less  than  one  nor  longer  than  four  years,  for  which  it  shall 
so  act,  and  may  then  advertise  for  bids  from  the  banks  and  trust 
companies  for  the  best  terms  upon  which  they  will  act  as  treasurer, 
and  receive  and  safely  keep  the  deposits  of  the  board.  The  bids 
shall  specify  the  rate  of  interest,  if  any,  to  be  allowed  the  board 
upon  its  deposits  and  the  terms,  if  any,  upon  which  same  will  be 
allowed,  and  the  rate  of  interest,  if  'any,  to  be  charged  for  loans, 
and  the  terms  upon  which  same  will  be  made,  and  the  nature  of 
the  security  offered  by  the  bidder  on  its  bond. 

That  bid  shall  be  accepted  from  which  the  board  will  realize  the 
most  money,  considering  the  interest  to  be  allowed  on  deposits  and 
to  be  paid  on  loans,  if  the  bid  is  otherwise  satisfactory,  and  the 
bo'ard  shall  have  power  to  reject  any  and  all  bids. 

The  board  shall  then  enter  into  a  contract  and  bond  with  the 
successful  bidder  to  act  as  treasurer  for  the  term  so  fixed,  the 
amount  of  said  bond  to  be  fixed  and  the  surety  approved  by  the 
board. 

In  letting  and  contracting  for  its  treasureship,  it  may  do  so 
jointly  with  the  city  within  which  it  operates,  or  separately,  'as  it 
prefers. 

All  moneys  due  the  board  shall  be  paid  to  the  business  director 
and,  by  him,  deposited  daily  with  the  treasurer  so  designated. 

§  500.  (§  3235a-22)  Funds— How  Expended.— The  funds  of  the 
board  deposited  in  bank  shall  be  withdrawn  only  on  the  order  of 
the  board  evidenced  by  the  check  of  its  business  director,  counter- 
signed by  the  president  of  the  board,  or,  in  his  absence  or  disability, 
by  the  vice-president. 

§  501.  (§  3235a-23)  It  shall  be  the  duty  of  such  board  of  edu- 
cation at  the  beginning  of  each  fiscal  year,  to  apportion  the  revenue 
available  for  that  year  to  the  different  departments  (including  the 
current  expense  funds,  the  insurance  or  restoration  fund  and  the  site 
and  building  fund),  for  expenditure  in  support  of  the  schools  for 
that  year  and  no  report  or  resolution  shall  be  adopted  by  the  board 
calling  for  the  expenditure  of  money  unless  it  states  specifically  the 
fund  from  which  the  appropriation  is  to  be  made,  and  is  accom- 
panied by  the  certificate  of  the  business  director  that  there  is  a 
balance  in  such  fund  available  for  such  expenditure.  If  in  any  of  the 
current  expense  funds  (not  including  special  funds  such  as  sinking 
funds,  trust  funds,  insurance  or  restoration  funds,  and  site  and  build- 
ing funds,  and  those  realized  from  the  sale  of  bonds),  there  remain 


202  KENTUCKY   SCHOOL  LAWS   1916. 

at  the  end  of  any  fiscal  year  a  surplus  apportioned,  but  not  used  or 
needed  for  the  purpose  for  which  it  may  have  been  set  apart,  the 
same  may  be  carried  into  and  set  apart  as  a  portion  of  the  perma- 
nent "Site  and  Building"  Fund  and  accumulated  and  used  solely  for 
the  purchase  of  sites  or  the  erection,  remodeling,  rebuilding,  or  im- 
provement of  school  buildings,  or  put  into  and  set  apart  as  a  portion 
of  the  insurance  or  restoration  fund  to  be  used  solely  in  restoring 
or  replacing  buildings  and  equipment  injured  or  destroyed  by  fire 
or  casualty. 

§  502.  (§  3235a-24)  Power  to  Borrow  Money.— The  Board  of 
Education  shall  have  the  power  to  borrow  money  on  the  credit  of 
the  board  in  anticipation  of  the  revenue  from  school  taxes  for  the 
fiscal  half  year  in  which  the  same  is  borrowed  and  pledge  said  school 
taxes  for  the  payment  of  the  principal  and  interest  of  said  loan: 
Provided,  That  the  interest  paid  shall  in  no  case  exceed  six  per  cent, 
per  annum  and  the  principal  shall  in  no  case  exceed  fifty  per  cent, 
of  the  anticipated  revenue  for  the  fiscal  half  year  in  which  the  same 
is  borrowed. 

§  503.  (§  3235a-25)  To  raise  money  for  the  maintenance  of  the 
schools,  the  general  council  or  board  of  commissioners  shall  an- 
nually cause  to  be  levied  and  collected  as  the  board  of  education 
may  request  as  hereinafter  provided,  a  tax  of  not  less  than  thirty 
cents  on  each  one  hundred  dollars'  worth  o£  property  assessed  for 
taxation  for  city  purposes,  and  in  addition  thereto  to  be  levied  and 
collected  annually  a  rate  that  will  raise  a  sum  sufficient  to  pay  the 
interest  on  the  bonded  indebtedness  of  the  Board  of  Education  arid 
create  a  sinking  fund  for  the  payment  of  the  principal  thereof  at 
maturity.  It  shall  be  the  duty  of  the  board  of  education  annually 
to  make  a  careful  estimate  of  the  probable  amount  of  money  neces- 
sary for  maintaining  the  schools  and  the  business  entrusted  to  the 
board  during  the  current  fiscal  year,  and  the  amount  of  money 
necessary  to  pay  the  interest  on  its  bonded  indebtedness  and  create 
A  sinking  fund  for  the  payment  of  the  principal  thereof  at  maturity, 
and  it  shall,  prior  to  the  fifth  day  of  January,  certify  said  amount  to 
che  general  council  or  board  of  commissioners  with  the  request  that 
a  tax  for  schools  sufficient  to  realize  for  said  board  the  amount 
aforesaid  shall  be  levied  on  each  one  hundred  dollars'  worth  of 
property  assessed  for  taxation  for  city  purposes,  and  that  said  levy 
shall  be  included  in  the  annual  ordinance  for  said  year.  If,  in  any 
ye'ar  the  amount  so  certified  and  requested,  shall  represent  a  tax 
rate  as  based  upon  the  total  assessment  of  taxable  property  for 
said  year  greater  than  forty  cents  for  maintenance  purposes,  the 
general  council  or  board  of  commissioners  may  fix  the  levy  for  main- 
tenance purposes  at  forty  cents  and  disregard  the  excess,  but  a  rate 
that  will  raise  a  sum  of  money  sufficient  to  pay  the  interest  and 
create  a  sinking  fund  for  the  payment  of  the  bonded  indebtedness 


CITIES  OP  THE  SECOND  CLASS.  203 

shall  be  levied  and  collected  in  addition  thereto.  If,  in  any  year, 
the  board  shall  fail  to  make  the  certificate  and  request  as  aforesaid, 
the  general  council  or  board  of  commissioners  shall  make  a  levy 
for  schools  that  shall  be  the  same  as  it  was  the  year  before.  The 
word  "maintenance'  as  used  in  this  act  shall  be  construed  to  mean 
and  include  the  expenses  of  conducting  the  schools,  of  the  accumu- 
lation of  a  site  and  building  fund  to  be  used  solely  to  acquire  or  en- 
large sices  or  erect,  restore,  rebuild,  remodel  or  equip  school  build- 
ings, and  of  the  creation  and  accumulation  of  an  insurance  or 
restoration  fund  to  be  used  solely  to  aid  in  the  restoration  of  build- 
ings injured  or  destroyed  by  fire  or  casualty. 

§  504.  (§  3235a-26)  Treasurer  to  Collect  Taxes  and  Pay  Over 
to  Board. — Upon  the  completion  of  the  assessment  of  property  for 
taxation,  the  amount  levied  as  above,  shall  annually  be  passed  to  the 
credit  of  the  school  fund  upon  the  books  of  the  city,  and  the  said 
amount,  as  collected,  shall  be  paid  over  to  the  board  by  the  treas- 
urer of  the  city  in  regular  weekly  installments,  the  first  payment  to 
be  made  within  one  week  after  the  collection  of  said  amount  shall 
have  been  commenced  and  the  other  payments  to  be  made  weekly 
thereafter,  in  current  money  by  the  said  treasurer  as  collected. 

§  505.  (§  3235a-27)  Whenever  the  Board  of  Education  shall 
deem  it  necessary  for  the  proper  accommodation  of  the  schools  of 
such  city  to  acquire  or  enlarge  sites  for  school  buildings,  to  erect, 
improve,  remodel,  rebuild  or  restore  buildings  for  nigh  schools  or 
for  any  other  school  purpose,  or  for  any  or  all  these  purposes,  and 
the  annual  funds  raised  from  other  sources,  are  not  sufficient  to  ac- 
complish said  purpose  or  purposes,  s'aid  board  shall  make  a  careful 
estimate  of  the  probable  amount  of  money  required  for  such  purpose 
or  purposes  and  it  shall  certify  to  the  General  Council  or  Board  of 
Commissioners  of  said  city  the  fact  that  an  election  for  an  issue  of 
bonds  for  school  improvement  shall  be  held,  together  with  the 
amount  of  money  for  which  bonds  shall  be  issued  and  the  purpose 
or  purposes  to  which  the  proceeds  thereof  shall  be  applied.  It  shall 
thereupon  be  the  duty  of  the  General  Council  or  Board  of  Commis- 
sioners to  adopt  an  ordinance  submitting  to  the  qualified  voters  of 
the  city  at  the  next  regular  election  the  question  whether  bonds 
of  the  city  shall  be  issued  for  the  purpose  or  purposes  aforesaid. 
The  bonds  so  issued  shall  be  designated  as  "School  Improvement 
Bonds,"  and  the  ordinance  shall  fix  the  time  the  bonds  shall  run, 
and  if  a  serial  issue,  then  the  amount  to  m'ature  at  each  time,  and 
limit  the  rate  of  interest  which  will  be  permitted  on  said  bonds,  and 
the  total  amount  of  bonds  to  be  issued,  and  provide  for  the  levy  of 
a  tax  to  pay  the  interest  and  to  either  redeem  the  bonds  as  they 
mature,  or  provide  for  the  accumulation  of  a  sinking  fund  to  retire 
them  at  their  maturity. 


204  KENTUCKY   SCHOOL  LAWS   1916. 

No  submission  of  the  question  of  issuing  bonds  hereunder  shall 
be  had  prior  to  the  regular  election  in  November,  1913,  and  the  total 
outstanding  issue  of  bonds  for  school  purposes,  including  bonds  al- 
ready issued,  shall  never  exceed  two  (2)  per  centum  of  the  value  of 
the  taxable  property  of  the  city  to  be  estimated  by  the  assessment 
next  before  the  last  assessment  previous  to  the  incurring  of  the 
indebtedness.  The  question  to  be  submitted  shall  be  so  framed  that 
the  voter  may  by  his  vote  answer  FOR  or  AGAINST. 

If  the  voters  of  the  city  shall  determine  by  a  two-thirds  majority 
of  those  voting  that  such  bonds  shall  be  issued,  they  shall,  when 
so  issued,  be  placed  under  the  control  of  the  Board  of  Education, 
who  shall  determine  when  and  at  what  price  and  how  they  shall  be 
sold,  and  the  date,  number  of  bonds,  denominations,  whether  coupon 
or  registered,  the  rate  of  interest  and  frequency  of  payment  thereof, 
place  01  payment  of  principal  and  interest  and  any  other  details  it 
desires  embodied  in  the  bonds  or  in  the  ordinance  providing  for 
their  issue  and  shall  certify  same  to  the  governing  body  of  said  city, 
who  shall  at  once  adopt  'an  ordinance  in  conformity  therewith  and 
cause  the  bonds  to  at  once  be  properly  prepared,  and  executed  and 
turned  over  to  the  Board  of  Education  for  sale  and  delivery.  Pro- 
vided, That  no  such  bonds  shall  be  sold  for  less  than  par;  and  pro- 
vided, further,  that  any  premium  which  may  be  obtained  from  said 
bonds  shall  constitute  a  part  of  the  Sinking  Fund  for  their  ultimate 
retirement.  As  the  bonds  are  sold  their  proceeds  shall  be  placed  to 
the  credit  of  tlje  board  in  the  same  depository  which  is  selected  for 
its  other  funds,  but  shall  be  kept  in  a  separate  account  and  shall  be 
used  only  for  the  purposes  for  which  the  bonds  were  issued. 

It  shall  be  the  duty  of  the  Gener'al  Council  or  of  the  Board  of 
Commissioners,  in  addition  to  the  levy  made  for  the  maintenance  of 
the  schools  as  hereinbefore  provided,  to  levy  annually  in  its  tax 
levy  a  rate  that  will  raise  a  sum  that  shall  be  sufficient  to  pay  the 
interest  and  create  a  Sinking  Fund  for  the  p'ayment  of  the  bonds 
at  maturity.  The  said  bonds,  principal,  and  interest  shall  be  a  charge 
upon  the  sinking  fund  of  said  city,  and  it  shall  be  entitled  to  have 
the  annual  tax  that  shall  be  levied  as  aforesaid. 

§  506.  (§  3235a-28)  Funds  for  Maintenance  of  Schools. — For 
the  maintenance  of  the  schools  there  shall  be  appropriated  the  sum 
or  sums  which  may  be  received  from  year  to  year  as  the  city's  por- 
tion of  the  school  fund  of  this  Commonwealth. 

§  507.  (§  3235a-29)  Escheated  Lands.— So  much  property  in 
the  city,  as,  from  any  cause  shall  escheat  to  the  Commonwealth  of 
Kentucky,  shall  vest  in  the  board  for  the  use  and  benefit  of  the 
public  schools  of  the  city.  Said  board  may,  in  the  name  of  the 
Commonwealth,  for  the  use  and  benefit  of  the  said  schools,  by  its 
president  or  other  officer  to  be  designated  by  it,  enter  upon  and  take 
possession  of  said  property,  or  sue  for  and  recover  the  same  by 


CITIES  OF  THE  SECOND  CLASS.  205 

action  at  law  or  in  equity,  and  without  office  found.  The  board  may 
sell  and  convey  any  of  such  property  by  warranty  deed  or  otherwise. 
§  508.  (§  3235a-30)  Duty  of  Officers  as  to  Collection  of  Taxes. 
—All  officers  of  any  city  of  the  second  class,  'and  of  the  State,  con- 
cerned with  the  assessment  and  collection  of  taxes,  fines  and  penal- 
ties, shall  perform  such  duties  in  relation  to  the  levying  and  col- 
lection of  school  taxes  and  the  collection  of  such  fines  and  penalties, 
and  the  payment  thereof  to  said  board  for  school  purposes,  as  are 
now  imposed  by  the  existing  laws  upon  such  officers  in  relation  to 
the  levy  and  collection  of  school  taxes  and  the  collection  of  fines  and 
penalties  payable  to  the  school  funds;  and  nothing  in  this  act,  unless 
inconsistent  therewith,  shall  be  construed  as  repealing  any  existing 
law  providing  for  the  assessment  and  collection  of  school  taxes  in 
such  city;  and  all  powers  and  duties  conferred  by  existing  laws  upon 
any  board  in  relation  thereto  shall  be  continued  in  the  board  created 
by  this  act. 

§  509.  (§  3235a-31)  Expert  Accountant  to  be  Employed. — At  the 
close  of  each  fiscal  year  of  said  board,  the  Board  of  Commissioners 
or  the  General  Council  of  such  city  shall  'appoint  one  or  more  expert 
accountants,  who  shall  examine  the  books,  accounts  and  vouchers  of 
the  business  director  and  secretary,  the  treasurer  and  all  other  de- 
partments of  expenditures  of  the  board,  and  shall  make  due  report 
thereof  to  the  Mayor  and  Board  of  Education  of  such  city.  All  the 
officers  and  employees  of  the  board  shall  produce  and  submit  to  such 
accountants  for  examination  all  books,  papers,  documents,  vouchers 
and  accounts  in  their  office  belonging  to  the  same  or  thereto  per- 
taining, and  shall  in  every  way  assist  said  accountants  in  their 
work.  In  the  report  to  be  made  by  said  accountants  they  may  make 
any  recommendation  they  deem  proper  as  to  the  business  methods 
of  such  officers  and  employees.  A  reasonable  compensation  for  such 
services  shall  be  paid  by  the  board. 

§  510.  (§  3235a-32)  Kindergartens — Power  to  Establish. — The 
Board  of  Education  shall  have  power  to  establish  and  maintain  kin- 
dergartens for  children  from  four  to  six  years  of  age,  high  schools, 
night  schools  for  all  residents  of  the  city,  and  normal  training 
classes  for  the  purpose  of  training  teachers  to  fill  positions  in  the 
schools  of  the  city,  and  to  this  end  it  may  prescribe  rules  and  regu- 
lations for  the  government  of  such  schools  and  employ  the  principals 
and  other  teachers  necessary  for  their  efficient  management. 

§  511.  (§  3235a-33)  Schools  for  Colored  Children.— The  Board 
of  Education  shall  provide,  maintain  and  support  separate  schools 
wherein  all  colored  children,  who  are  bona  fide  residents  of  said  city, 
between  the  ages  of  six  and  twenty  years,  may  be  taught  in  like 
manner  as  herein  provided  for  white  children.  Said  colored  schools 
shall  be  entitled  to  the  same  benefits,  be  governed  by  the  same  rules 


206  KENTUCKY   SCHOOL,  LAWS   1916. 

and  regulations,  and  be  subject  to  the  same  restrictions  as  the 
schools  herein  provided  for  the  white  children. 

§  512.  (§  3235a-34)  Examination  of  Teachers.— The  board  shall 
prescribe  the  necessary  qualifications  and  mode  of  examination  for 
applicants  for  admission  to  the  various  schools. 

The  said  board  shall  have  authority  to  make  rules  and  regula- 
tions under  which  the  superintendent  may  furnish  text  books  and 
other  school  supplies  to  children  who  are  not  otherwise  able  to  ob- 
tain them. 

§  513.  (§  3235a-35)  Religious  Dogmas. — No  catechism  or  other 
formula  of  religious  belief  shall  be  taught  or  inculcated,  nor  shall 
any  class-book  be  used  which  reflects  on  any  religious  denomination. 

§  514.  (§  3235a-36)  Pupils-r-Who  May  Attend.— The  board  shall 
have  the  power  to  admit  to  any  schools  pupils  from  beyond  the  city 
limits  and  to  collect  for  these  pupils  tuition  fees  for  the  benefit  of 
the  school  fund  of  the  city.  Children  or  persons  residing  outside  of 
the  city  limits  shall  not  be  admitted  as  pupils  into  any  of  the  public 
schools,  except  upon  payment  of  such  tuition  as  the  board  may  re- 
quire as  aforesaid. 

§  515.  (§  3235a-37)  Reports  to  be  Made.— A  city  of  the  second 
class  being  deemed  one  school  district  for  taxation  purposes  and 
entitled  to  its  proportion  of  the  public  school  fund  of  the  Common- 
wealth, the  Board  of  Education  of  such  city  shall  make  detailed 
reports  annually  and  special  reports  as  required  to  the  State  Super- 
intendent of  Public  Instruction.  The  board  shall  also  in  the  year 
1913,  and  every  third  year  thereafter,  cause  to  be  taken  the  census 
of  children  of  school  age  and  make  returns  thereof  to  the  Superin- 
tendent of  Public  Instruction,  and  at  the  same  time  other  school  offi- 
cers are  required  to  make  returns;  and  for  neglect  of  duty  the  mem- 
bers of  the  board  shall  be  liable  to  the  same  penalties.  This  census 
Bhall  be  taken  under  regulations  approved  by  the  State  Board  of 
Education. 

For  the  years  in  which  no  census  is  required  to  be  taken,  the 
Superintendent  of  Public  Instruction  shall  determine  the  amount 
per  capita  to  be  paid  over  to  the  Board  of  Education  of  such  cities, 
by  adding  annually  to  the  number  of  children  of  school  age  as  shown 
by  the  next  preceding  census  actually  taken,  such  increase  or  addi- 
tion as  he  may  ascertain  to  be  the  annual  increase  of  children  of 
school  age  in  the  district  upon  averaging  the  yearly  increase  shown 
by  the  three  actual  enumerations  next  preceding:  Provided,  however, 
that  the  Board  of  Education  of  any  such  city  or  the  Superintendent 
of  Public  Instruction  may  elect  to  take  an  actual  census  in  any  of 
such  years,  in  which  case  the  return  of  such  census  shall  govern. 

§  516.  (§  3235a-38)  Report  to  be  Published.— The  Board  of  Edu- 
cation shall,  at  the  end  of  e'ach  scholastic  year,  prepare  and  pub- 
lish, for  the  information  of  the  public,  a  report  which  shall  include 


CITIES  OF  THE  SECOND  CLASS.  207 

the  annual  reports  made  to  the  board  by  the  superintendent,  business 
director  and  secretary  and  the  treasurer,  together  with  such  other 
information  as  may  be  proper  and  necessary  to  an  understanding  of 
the  general  condition  and  educational  progress  of  the  schools  during 
the  preceding  year. 

§  517.  (§  3235a-39)  Violations — Penalties^— Any  member,  offi- 
cer, or  employee  of  such  board  who  shall  wilfully  violate  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction,  shall  be  punished  by  a  fine  of  not  more  than  five  hun- 
dred dollars  or  imprisonment  not  exceeding  one  year,  or  by  both 
fine  and  imprisonment,  in  the  discretion  of  the  jury. 

§  518.  (§  3235a-40)  Testimony  to  be  Under  Oath.— All  testi- 
mony taken  upon  any  investigation  made  by  the  board  or  in  any 
proceedings  before  the  board  for  the  removal  of  any  officer  or  em- 
ployee of  the  board,  or  in  any  investigation  made  by  any  committee 
of  the  board,  shall  be  undeF  oath,  which  oath  may  be  administered 
by  the  secretary  or  any  officer  authorized  to  administer  oaths. 

Said  board,  or  any  duly  constituted  committee  thereof,  shall  have 
the  power  in  any  investigation  or  proceedings  before  it  concerning 
a  matter  which  may  be  a  proper  subject  of  inquiry  by  it,  to  summon 
witnesses  by  subpoena  and  to  enforce  the  compulsory  attendance  of 
said  witnesses.  Should  any  person  so  summoned  refuse  to  attend 
or  to  produce  a  paper  to  be  used  as  evidence  in  said  investigation, 
or  proceedings,  or,  being  present,  refuse  to  testify  concerning  any 
matter  which  may  be  a  proper  subject  of  inquiry,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined 
in  any  sum  not  less  than  ten  and  not  more  than  fifty  dollars. 

§  519.  (§  3235a-41)  Repealing  Clause. — The  general  school 
laws  of  this  State  and  all  laws  and  parts  of  laws  applicable  to  the 
general  system  of  public  schools  in  a  city  of  the  second  class  and  not 
inconsistent  herewith,  shall  be  in  full  force  and  effect  in  such  city. 

§  520.  (§  3235a-42)  Members  of  Board— How  Chosen. — The 
general  care  and  management  of  the  insurance  and  annuity  fund  of 
the  public  school  teachers  of  the  cities  of  the  second  class  shall  be 
vested  in  the  treasurer  of  the  Board  of  Education,  or,  if  a  bank  be 
the  treasurer,  in  the  president  thereof,  the  Superintendent  of  the 
Public  Schools,  the  president  of  the  Board  of  Education,  and  four 
members  of  the  teaching  staff,  the  last  named  to  be  chosen  by  ballot 
at  a  meeting  of  the  teachers  called  by  the  Superintendent  of  Public 
Schools  on  the  second  Saturday  of  May  in  each  year.  At  this  meet- 
ing any  vacancy  in  the  membership  of  the  Board  of  Insurance  and 
Annuity,  to  be  filled  from  among  the  teachers,  shall  be  filled  by 
ballot.  The  length  of  service  of  the  four  members,  from  among  the 
teachers  chosen  at  the  first  election,  shall  be  determined  by  lot; 
one  member  shall  serve  for  four  years,  one  member  shall  serve  for 
three  years,  one  member  shall  serve  tor  two  years,  and  the  remaining 


208  KENTUCKY   SCHOOL  LAWS   1916. 

member  shall  serve  for  one  year,  and  thereafter  one  member  shall 
be  elected  each  year.  Said  board  shall  establish,  from  time  to  time, 
such  rules  and  regulations  for  administration  of  said  fund  as  it  may 
deem  best,  and  said  board  shall  make  payments  from  the  said  fund 
of  annuities  granted  in  pursuance  of  this  act.  The  members  of  this 
board,  with  the  exception  of  the  treasurer,  shall  serve  without  remun- 
eration. 

The  treasurer  of  the  Board  of  Education  of  the  city  of  the  sec- 
ond class  shall  receive  and  hold  all  moneys  belonging  to  said  funds, 
and  may  invest  the  same,  by  direction  of  said  Board  of  Insurance 
and  Annuity,  in  national,  state,  county,  or  municipal  bonds,  or  bonds 
accompanied  by  first  mortgages  on  improved  real  estate,  or  in  such 
investments  as  are  deemed  legal  for  insurance  companies  in  the 
State  of  Kentucky,  to  an  extent  not  to  exceed  fifty  per  cent,  of  the 
value  thereof.  Said  treasurer  shall  make  payments  from  said  fund 
only  when  directed  by  said  Board  of  Insurance  and  Annuity.  Said 
treasurer  shall  report  in  detail  to  said  Board  of  Insurance  and  An- 
nuity, annually,  on  the  second  Saturday  of  May,  or  oftener  if  re- 
quired by  said  board,  the  condition  of  said  fund  and  the  items  of 
the  receipts  and  disbursements  of  the  same.  Said  treasurer  shall  give 
bond  for  the  faithful  performance  of  his  duties  in  an  amount,  and  in 
such  manner  as  prescribed  by  the  Board  of  Insurance  and  Annuity, 
and  the  cost  of  such  bond  shall  be  defrayed  from  the  funds  of  the 
Board  of  Insurance  and  Annuity.  From  said  fund  shall  also  be 
paid  to  the  treasurer,  annually,  an  amount  decided  upon  by  the 
Board  of  Insurance  and  Annuity,  as  remuneration  for  his  services. 

§  521.  (§  3235a-43)  Sources  of  Fund — Beneficiaries.— The  In- 
surance and  Annuity  Fund  shall  consist  of  the  following,  with  inter- 
est, income,  and  profits  thereof: 

1.  The  sum  of  one  thousand  ($1,000)  dollars  or  more  yearly  may 
be  provided  by  the  Board  of  Education  of  a  city  of  the  second  class, 
out  of  funds  coming  to  its  h'ands  for  maintenance  of  schools. 

2.  A  fund  may  be  provided  by  the  Board  of  City  Commissioners 
which  shall  be  raised  by  a  yearly  levy  of  one  cent  on  every  hundred 
dollars'  worth  of  taxable  property  in  said  city. 

3.  After  the  Board  of  Education  of  a  city  of  the  second  class 
has  provided  for  the  payment  of  $1,000  yearly  or  more,  and  the  Board 
of  Commissioners  of  said  city  of  the  second  class  has  levied  a  tax 
of  one  cent,  on  every  hundred  dollars'  worth  of  taxable  property  of 
such  city  for  the  maintenance   of  an   Insurance   and  Annuity  Fund 
for  the  teachers  in   the  public   schools  of  said   city;    then,   one  per 
centum  of  the  salaries  of  all  teachers  .of  the  public  schools  of  such 
city  who  have   been  engaged  in  teaching  in   said  public   school   for 
ten  years  or  under,  'and  two  per  centum  of  the  salaries  of  all  teach- 
ers who  have  been  engaged  in  teaching  more  than  ten  years,  shall 
be  withheld  and  added  to  the  fund,  provided  that  no  payment  shall 


CITIES  OF  THE  SECOND  CLASS.  209 

exceed  forty  ($40)  dollars  per  annum.  The  treasurer  of  the  Board 
of  Education  of  such  city,  shall  deduct,  monthly,  from  the  salary  of 
every  teacher  the  amount  provided  for  in  said  schedule,  which 
amount  shall  be  turned  monthly  into  said  Insurance  and  Annuity 
fund. 

After  the  passage  and  adoption  of  this  act,  each  contract  made 
with  teachers  by  the  Board  of  Education  of  such  city  shall  specify 
that  the  sums  in  this  paragraph  provided  shall  be  deducted  from  each 
and  every  teacher's  salary.  Any  teacher  who  shall  retire,  or  who 
shall  be  retired  from  service  as  teacher,  and  who  shall  not  be  in 
receipt  of  or  entitled  to  an  annuity  under  this  act,  shall  have  re- 
funded to  him  or  her  three-fourths  of  the  amount,  without  interest, 
which  he  or  she  has  contributed  to  the  Insurance  and  Annuity  Fund. 
If  such  teacher  shall  again  teach  in  public  schools  and  shall,  within 
a  time  specified  by  the  Board  of  Insurance  and  Annuity,  repay  to  said 
fund  the  amount  so  returned  to  such  teacher,  together  with  simple 
interest  on  said  amount  (not  to  exceed  four  per  centum  per  annum), 
such  teacher  shall,  upon  returning  to  regular  school  work,  receive 
credit  for  past  years  of  service.  In  the  event  of  the  death  of  any 
teacher  entitled  to  the  provisions  of  this  act,  before  such  teacher 
lias  been  retired  upon  an  annuity,  then,  and  in  that  case  the  heirs  or 
legatees  of  such  deceased  teacher  shall  be  entitled  to  a  sum  out  of 
said  fund  equal  to  three-fourths  of  the  sum,  without  interest;  paid  by 
such  teacher  into  said  fund. 

4.  Moneys  received  from  donations,  legacies,  bequests,  gifts,  de- 
vises,  or   otherwise   may  be    used    to  augment   this    fund,   and   the 
amount  or  amounts  so  received,  together  with  ten  per  centum  of  all 
other  receipts,  shall  constitute  a  sinking  fund,  and  such  sinking  fund 
shall  be  and  remain  a  permanent  fund,  and  no  part  thereof  shall  be 
expended  except  the  interest  and  income  thereof  and  therefrom,  pro- 
vided that  one-half  of  the  amount  added  to  such  sinking  fund  may  be 
used  during  the  year  immediately  following  its  addition,  if  its   use 
be  deemed  necessary  by  the  Board  of  Insurance  and  Annuity. 

5.  All  such  other  increment  as  may  be  duly  and  legally  devised 
for  the  increase  of  said  fund. 

§  522.  (§  3235a-44)  1.  Medical  Examiners— Conditions  of  Retire- 
ment.— The  Board  of  Insurance  and  Annuity  shall  annually  appoint 
three  surgeons  or  physicians  of  at  least  ten  years'  active  practice, 
who  shall  be  known  as  the  Board  of  Medical  Examiners,  who  shall 
serve  without  pay,  and  who  shall,  upon  request  of  the  Board  of  Edu- 
cation or  the  Board  of  Insurance  and  Annuity,  make  examinations 
and  report  their  findings  in  writing  to  the  board  making  such  re- 
quest. 

2.  On  recommendation  of  a  majority  vote  of  said  Board  of  Edu- 
cation, said  Board  of  Insurance  and  Annuity  shall  place  on  the  dis- 
ability list  any  teacher  of  the  public  schools  of  such  city  who  has 


210  KENTUCKY   SCHOOL  LAWS  1916. 

been  engaged  in  the  work  of  teaching  for  a  period  aggregating  fifteen 
years  in  the  public  schools  of  the  State  of  Kentucky,  the  last  ten 
years  of  which  shall  have  been  in  the  public  schools  of  the  city  grant- 
ing the  annuity,  and  who  is  found  by  said  Board  of  Medical  Examin- 
ers to  be  mentally  and  physic'ally  incapacitated  for  the  further  per- 
formance of  duty  as  a  teacher. 

3.  Any  teacher  of  the  public  schools  of  such  city  who  has  been 
engaged  in  teaching  in  the  public  schools  of  the  State  of  Kentucky 
for  a  period  aggregating  fifteen   years,   the   last  ten   of  which   shall 
have  been  in  the  public  schools  of  the  city  granting  the  annuity,  shall 
have  the  right  to  apply  to  the  Board  of  Insurance  and  Annuity  to 
be   placed  on   the   disability  list,   on  the   ground   that   he   or   she   is 
physically  or  mentally  incapacitated  for  further  performance  of  duty 
as  a  teacher.     Any  applicant  for  retirement  on  said  ground  of   dis- 
ability shall  submit  to  a  proper  examination  by  said  Board  of  Med- 
ical Examiners  before  his  or  her  application  shall  be  considered. 

4.  Nothing  in  this  act  shall  be  construed  as  prohibiting  the  Board 
of  Insurance  and  Annuity,  by  a  majority  vote,  from  recommending 
to  the  Board  of  Education  that  the  disability  of  a   teacher   retired 
under  this   section   shall   be   ended.     Said  Board   of  Education  may, 
on  the  recommendation  of  said  Board  of  Insurance  and  Annuity,  de- 
clare ended  the   disability  of  a  teacher  retired  under  the  terms   of 
this  section,  and,  upon  its  delivery  to  said  teacher  of  a  contract  of 
re-appointment  to  a  position  as  teacher,  the  payment  of  the  annuity 
of  such  teacher  under  this  disability  clause  shall  be  discontinued.  In 
no  case,  however,  shall  disability  provided  for  in  this  section  be  de- 
clared ended  or  finished  until  an    examination    of  such  teacher  has 
been  made  by  s'aid  Board  of  Medical  Examiners. 

5.  The   provisions    of   this    section    shall   not   apply    to    ordinary 
cases  of  temporary  disability. 

6.  Upon  retirement  under  the  disability  act,  such  teacher   shall 
be  entitled  to  receive,  during  the  period  of  disability,  a  retirement 
annuity,  payable  in  monthly  installments,  which   shall  be  the  same 
fraction  of  the  maximum  retirement  annuity  as  said   teacher's  time 
of  service  is  of  thirty-five  years,  provided  that  application  for  such 
retirement  annuity  shall  be  made  not  later  than  two  years  after  the 
termination  of  the  last  month  of  employment.     The  payment  of  said 
annuity  shall   date  from   the  time  of  the   granting  thereof  by  said 
Board  of  Insurance  and  Annuity. 

§  523.  (§  3235a-45)  1.  Amount  of  Annuity— Manner  of  Pay- 
ment.— Upon  the  recommendation  of  the  Board  of  Education,  the 
Board  of  Insurance  and  Annuity  shall  place  on  the  retired  list  any 
teacher  who  has  taught  in  the  public  schools  for  a  period  aggregat- 
ing twenty-five  years,  twenty  years  of  which  shall  have  been  in  the 
public  schools  of  the  State  of  Kentucky,  and  the  last  fifteen  years  in 


CITIES  OF  THE  SECOND  CLASS.  211 

the  public  schools  of  the  city  wherein  said  teacher  is  employed  at 
the  time  of  retirement. 

2.  Any  teacher  of  the  public  schools  of  such  city  who  has  taught 
for  a   period   aggregating   not  less    than    twenty-five    years,   twenty 
years  of  which  shall  have  been  in  the  public  schools  of  the  State  of 
Kentucky  and  the  last  fifteen  years  in  the  public  schools  of  the  city 
granting  the  annuity,   shall  have  the  right,  upon  application  to  the 
Board  of  Insurance  and  Annuity,  to  be  placed  on  the  retired  list. 

3.  The   annuity  of  any   teacher   retired    under   the   provisions   of 
this  act,  after  twenty-five  years  of  employment,   shall   be  thirty  per 
centum   of   his   or   her  'average    contractual   salary  for   the   last    five 
years  before  retirement,  and  two  per  centum  of  his  or  her  average 
contractual  salary  for  the  last  five  years  before  retirement  for  each 
and  every  year  of  employment  in  excess  of  twenty-five  years;    pro- 
vided, however,  that,  unless  otherwise  specified,  no  annuity  shall  be 
more  than  fifty  per  centum  of  a  teacher's  'average  contractual  salary 
for  the  past  five  years  before  retirement,  and  provided,  further,  that 
no  annuities  granted  under  the  provisions  of  this  act  shall  be  more 
than  six  hundred  ($600)  dollars. 

4.  No  annuities  shall  be  paid,  under  the  provisions  of  this  act, 
unless  the  retiring  teacher  shall  have  first  paid  into  the  Insurance 
and  Annuity  Fund  such  sum  or  sums  as  shall  make  his  or  her  total 
payments  equal  to  the  amount  of  the  annuity  paid  for  the  first  year; 
but  should  such  retiring  teacher  be  unable  to  pay  the  full  amount 
of  said  sum  before  receiving  the  annuity,  the  Bo'ard  of  Insurance  and 
Annuity  shall,  in  paying  the  annuity  of  such  teacher,  withhold  from 
each    monthly    payment    twenty   per    centum    thereof    until    the    full 
amount    hereinbefore    provided   for   shall    have    been    contributed    to 
the  fund. 

5.  If  said   Insurance   and   Annuity   Fund   shall,   at   any   time,   be 
found  insufficient  to  carry  out  the  provisions  of  this  act,  the  amount 
in  s'aid  fund  shall,  during  the  continuance  of  such  insufficiency,  be 
distributed,  pro  rata,  among  the  persons  entitled  thereto,   and  such 
distribution  shall  be  in  full  of  all  annuities  then  due. 

6.  Any  teacher  may  be  given  a  leave  of  absence  for  study,  pro- 
fessional   improvement,    or    temporary    disability,    and    shall    be    re- 
garded as  a  teacher  and  entitled  to  the  full  benefits  of  this  act,  pro- 
vided that  the  payment  of  such  funds  shall  be  continued  during  said 
leave  of  absence  and  shall  equal  the  assessment  paid  by  such  teacher 
for  the  next  year  preceding  the  period  or  periods  of  absence,  respec- 
tively. 

7.  In  computing  time,  under  the  provisions  of  this  act,  such  time 
shall  include  the   period   of  service  rendered   both  before  and  after 
the  taking  effect  of  this  act.     Credit  shall  be  given  for  time   spent 
as  a  regular  and  salaried  substitute  teacher. 


212  KENTUCKY   SCHOOL  LAWS   1916. 

8.  The  payment  of  said  annuity  shall  be  suspended  whenever  the 
person  to  whom  said  annuity  has  been  granted  resumes  work  las  a 
regular  and  salaried  teacher  in  any  public  school. 

9.  Unless  otherwise  determined  by  each  respective  Board  of  In- 
surance and  Annuity  in  a  city  of  the  second  class  of  the  State  of 
Kentucky,  no  annuities  shall  be  paid  out  of  s'aid  fund  for  the  first 
three  years  after  the  passage  and  adoption  of  this  act. 

§  524.  (§  3235a-46)  The  Board  of  Insurance  and  Annuity  shall 
have  power  to  make  definite  by-laws  and  regulations  for  the  holding 
of  meetings,  the  collection  and  disbursement  of  money,  and  the  care 
and  preservation  of  the  same,  and  the  proper  execution  of  the  pro- 
visions and  purposes  of  this  act. 

§  525.  (§  3235a-47)  Annuity  Not  Subject  to  Attachment.— All 
annuities  granted  and  payable  under  the  provisions  of  this  act  shall 
be  and  are  exempt  from  seizure  or  levy  upon  attachment,  execution, 
or  any  other  process  of  law,  or  in  equity,  whether  mesne  or  final; 
and  such  annuities  or  any  payment  of  the  same  shall  not  be  subject 
to  sale,  assignment,  or  transfer  by  any  beneficiary,  and  such  transfer 
shall  be  absolutely  void. 

§  526.  (§  3235a-48)  Definition  of  Terms.— The  term  "teachers" 
as  used  in  this  act  shall  mean  and  include  any  superintendent,  assist- 
ant superintendent,  principal,  assistant  principal,  person  in  charge 
of  any  special  department  of  instruction,  and  any  teacher  or  in- 
structor regularly  employed  in  the  public  schools  or  public  kinder- 
gartens of  the  cities  of  the  second  class  in  the  State  of  Kentucky. 

§  527.  (§  3235a-49)  Definition  of  Terms.— The  term  "Board  of 
Education,"  as  used  in  this  act  shall  mean  the  bodies  now  in  control 
and  management  of  the  public  schools  of  all  cities  of  the  second 
class  in  the  State  of  Kentucky,  as  now  created  and  constituted,  or  as 
they  may  be  constituted  hereafter,  or  any  boards  or  bodies  of  officials 
who  shall  have  the  control  and  management  of  the  public  schools  of 
such  cities. 


CITIES  OF  THE  THIRD  CLASS.  213 

CHAPTER  XXXI. 

(Section  numbers  in  parenthesis  refer  to  Kentucky  Statutes.) 

PUBLIC  SCHOOLS  IN  CITIES  OF  THE  THIRD  CLASS. 

§  530.  (§  3235a-50)  Board  of  Education — Election — Qualifica- 
tion— Time  of  Meeting. — There  shall  be  maintained  a  system  of  pub- 
lic schools  at  which  all  the  children  residing  in  the  city  between  the 
ages  of  six  and  twenty  years  may  be  taught  at  the  public  expense. 
Said  boards  shall  be  under  the  control  of  a  board  to  be  styled,  "The 
Board  of  Education,"  consisting  of  two  trustees  from  each  ward  in 
the  city,  to  be  elected  at  the  general  November  election  in  1893,  by 
the  qualified  voters  of  the  city  at  large.  The  trustees  so  elected 
shall  hold  their  offices  one-half  for  two  years  and  one-half  for  four 
years,  as  shall  be  determined  by  lot  at  the  first  regular  meeting 
after  the  election.  And  at  the  gener'al  election,  every  two  years 
thereafter,  there  shall  be  elected  by  the  qualified  voters  of  the  city 
at  large  one  trustee  from  each  ward  in  the  city  in  which  the  term 
of  his  predecessor  in  office  will  then  expire.  Said  trustee  shall  pos- 
sess the  same  qualifications  as  are  required  for  councilmen.  Said 
Board  of  Education  shall  continue,  land  it  is  hereby  declared,  a  body- 
politic  and  corporate,  under  the  name  and  style  of  Board  of  Educa- 
tion, with  perpetual  succession,  and  by  that  name  may  contract  and 
be  contracted  with,  sue  and  be  sued,  have  and  use  &  corporate  seal, 
the  same  to  renew  or  alter  at  pleasure;  may  purchase,  receive,  hold, 
lease,  sell  and  dispose  of  real  and  personal  estate  for  public  school 
purposes.  The  control  and  management  of  the  public  schools  of  the 
city,  and  the  property  'and  funds  thereunto  belonging  shall  be,  and 
is  hereby,  vested  in  said  board,  subject  to  the  provisions  of  this  law. 
It  shall  have  power  to  make  by-laws  and  rules,  not  in  conflict  here- 
with, necessary  for  the  discharge  of  its  duties  and  the  government 
of  its  proceedings.  It  shall  meet  once  in  each  month,  or  oftener  if 
necessary,  and  a  majority  elect  of  said  board  shall  constitute  a 
quorum  for  the  transaction  of  business  and  for  the  appropriation  of 
money  or  the  execution  of  a  contract,  the  concurrence  of  two-thirds 
of  the  members  elect  of  said  boards  shall  be  indispensable,  and  the 
yeas  and  n'ays  shall  be  entered  of  record.  The  meetings  of  said 
board  shall  be  held  in  some  public  place  and  a  correct  record  of 
its  proceedings  shall  be  kept  in  a  book  provided  for  that  purpose, 
which  shall  be  a  public  record. 

§  531.  (§  3463)  Members  — Qualification  — Vacancies.  -  -  Said 
board  of  education  shall  determine  the  qualification  of  its  members. 
It  shall  have  the  power  to  fill  until  the  next  general  election  all 
vacancies  in  said  board  occasioned  by  death,  removal  or  other  cause. 


214  KENTUCKY   SCHOOL  LAWS   1916. 

§  532.  (§  3464)  Funds— Vested  in  Board  of  Education.— All 
property  now  used  for  public  school  purposes  in  the  city,  or  which 
may  at  any  time  be  owned  by  the  Board  of  Education,  and  all  the 
funds  or  means  that  are  now  or  may  hereafter  come  under  the  con- 
trol of  the  same,  are  hereby  forever  dedicated  to  the  use  of  public 
schools  of  the  city,  and  the  title  to  all  property,  real  and  personal, 
in  the  city  known  and  used  as  public  school  property,  is  hereby 
vested  in  said  corporation. 

§  533.  (§  3465)  Appointment  of  Officers  and  Teachers — Power 
to  Build  and  Purchase  Site. — Said  Board  of  Education  shall  have 
power  to  elect  or  appoint  such  officers  as  may  be  necessary  for  its 
own  government,  and  to  require  covenant  with  surety  from  any  or 
all  officers  for  the  faithful  discharge  of  their  duties;  to  make  by- 
laws not  in  conflict  with  this  charter,  the  Constitution  or  laws  of  this 
State,  for  the  carrying  out  of  the  duties  of  their  office,  and  for  the 
government  of  its  own  officers,  schools,  teachers,  pupils  and  em- 
ployees; to  determine  its  own  rules  of  proceedings,  and  to  appoint 
superintendents,  teachers  and  other  officers,  and  employes,  and  regu- 
late and  fix  their  terms,  duties  and  compensation,  and  suspend  or 
remove  them  or  any  of  them  for  cause.  Said  board  may  purchase, 
build  or  rent  any  ground,  building  or  buildings,  necessary  or  con- 
venient for  the  public  school  purposes,  and  may  make  contract  to 
that  end;  and  any  property  so  leased,  purchased  or  otherwise  occu- 
pied, may  be  reserved  by  terms,  deed  or  lease  to  the  public  schools 
of  the  city,  and  if  so  reserved,  shall  not  be  liable  for  any  debt  or 
debts  of  the  city  not  incurred  for  public  school  purposes.  Said  board 
may  also  receive  and  hold,  for  public  school  purposes,  any  gift  or 
devise. 

§  534.  (§  3466)  The  said  Board  of  Education  shall  have  the 
power,  two-thirds  of  the  trustees  in  office  concurring  therein,  to  be 
evidenced  upon  the  call  of  the  yeas  and  nays,  and  recorded  upon  the 
journal  of  its  proceedings,  to  sell  and  convey  such  of  said  school 
property  for  the  purpose  -of  reinvesting  all  the  net  proceeds  of  the 
same  in  the  purchase  of  other  lots,  and  building  thereon  other  school 
buildings.  And  said  Board  of  Education  shall  have  no  power  to  di- 
vert or  apply  said  fund,  or  any  part  of  it,  to  any  other  purpose  what- 
soever than  for  the  purchase  of  grounds  and  the  building  thereon 
school  buildings  for  public  school  purposes,  and  if  it  do  so,  the  same 
shall  be  malfeasance  in  office. 

§  535.  (§  3467)  Text  Books— Adoption— Issue  of  Certificates.— 
Said  Board  of  Education  shall  have  the  power  to  select  text  books 
for  use  in  said  school,  and  prescribe  the  course  of  study,  and  it 
shall  also  have  power  to  hold  examinations,  determine  the  qualifica- 
tions of  its  superintendent,  principals,  te'achers,  and  issue  certificates 
to  same.  It  may  establish  high  schools  and  fix  the  grade  of  public 
schools,  and  prescribe  the  rules  by  which  pupils  may  pass  from  one 


CITIES  OF  THE  THIRD  CLASS.  215 

grade  to  another,  and  from  the  graded  school  to  the  high  school.  It 
may  also  establish  and  maintain  kindergartens  and  manual  training 
schools  in  connection  with  the  public  schools. 

§  536.  (§  3468)  Reports.— Said  board  shall  at  the  end  of  each 
scholastic  year  prepare  and  cause  to  be  published  a  printed  state- 
ment showing  the  number  of  pupils  in  each  school,  with  the  general 
condition  and  educational  progress  made  therein,  the  amount,  char- 
acter and  condition  of  all  funds  and  other  property  belonging  to  said 
schools,  together  with  such  information  as  may  be  proper  or  neces- 
sary for  the  benefit  of  said  schools  and  the  general  public. 

§  537.  (§  3469)  Estimate  of  Expense — Levy  and  Collection  of 
Taxes. — Said  board  shall,  within  thirty  days  prior  to  the  time  pre- 
scribed for  the  levy  to  be  made  in  the  charter  of  cities  of  the  third 
class,  approximately  ascertain  the  amount  of  money  necessary  to  be 
used  to  defray  the  expenses  of  maintaining  the  schools,  improving 
or  constructing  buildings,  etc.,  thereof,  and  any  liquidation  of  the 
liabilities  during  the  current  fiscal  year,  and  report  the  same,  to*- 
gether  with  the  estimated  amount  to  be  received  from  the  common 
school  fund  of  the  State,  interest  on  bonds,  endowments,  etc.,  to  the 
city  auditor  or  clerk,  who  shall  thereupon  report  the  same  to  the 
general  council,  and  said  general  council  shall  make  the  necessary 
levy  and  collect  the  tax  to  provide  suitable  school  buildings,  and  to 
defray  the  general  expenses  necessary  for  school  purposes:  Provided, 
That  the  levy  for  any  one  year  shall  not  exceed  fifty  cents  on  each 
one  hundred  dollars  of  value  of  taxable  property  in  the  city  as  re- 
turned by  the  board  of  equalization.  Said  tax  shall  be  paid  to  the 
bo'ard  or  authorized  agent  of  same  as  fast  as  collected. 

§  538.  (§  3470)  Separate  Schools  for  White  and  Colored  Pupils. 
— Said  Board  of  Education  shall  provide  and  maintain,  out  of  the 
funds  levied  or  otherwise  provided  for  the  purpose,  suitable  buildings, 
teachers,  and  other  employes,  sufficient  for  the  education  of  all  chil- 
dren of  the  city  between  six  and  twenty  years  of  age,  and  shall  pro- 
vide separate  buildings  and  schools  for  the  education  of  white  and 
black  pupils;  and  no  white  child  shall  be  allowed  to  attend  any  col- 
ored school,  nor  any  colored  child  shall  be  allowed  to  attend  any 
white  school. 

§  539.  (§  3471)  Oath  of  Trustee.— The  trustees  shall,  before 
entering  upon  the  duties  of  their  office,  take  the  oath,  or  make  affirm- 
ation, as  prescribed  by  law. 

§  540.  (§  3472)  Trustee — Qualification.— No  member  of  the 
Board  of  Education  shall  be  or  become,  directly  or  indirectly,  inter- 
ested in  any  contract,  agreement  or  trade,  touching  the  building  of 
school  houses,  repairing  of  school  property,  selection  of  text  books 
or  other  thing,  or  use  his  official  position  to  secure  the  patronage  of 
the  teachers  or  employes  of  the  schools.  No  member  of  the  Board 
of  Education  shall  receive  any  salary  for  his  services  as  such. 


216  KENTUCKY   SCHOOL  LAWS   1916. 

§  541.  (§  3473)  Treasurer— Power — Duties.— Said  Board  of  Edu- 
cation shall  elect  its  own  treasurer  and  fix  bond  of  same,  who  shall 
keep  a  distinct  account  of  all  moneys  belonging  unto,  or  which  may 
hereafter  be  dedicated  to,  or  set  apart  for,  public  schools,  and  shall 
only  pay  out  or  deliver  any  of  said  funds,  upon  the  warr'ant  of  the 
Board  of  Education,  countersigned  by  the  secretary,  and  approved 
by  the  president  of  the  Board  of  Education,  and  shall  perform  such 
other  duties  as  may  be  prescribed  by  said  board. 

§  542.  (§  3474)  Power  Over  Funds. — Said  Board  of  Education 
shall  have  exclusive  control  of  all  school  funds  of  the  city,  from  what- 
ever source  the  same  may  be  derived,  including  the  pro  rata  of  the 
city  from  the  common  school  fund  of  the  State.  It  shall  have  the  right 
to  receive  all  fines,  forfeitures  and  taxes  that  may  inure  to  the  ben- 
efit of  the  public  schools  of  the  city.  It  shall  have  power  to  expend 
all  moneys  in  the  interest  of  public  schools  of  the  city,  and  the 
warrants  of  the  Board  of  Education,  countersigned  by  the  Secretary 
and  approved  by  the  President  of  the  Board,  shall  be  honored  by  the 
Treasurer  to  the  amount  of  the  school  funds  in  his  custody. 

§  543.  (§  3475)  Indebtedness. — All  indebtedness,  bonded  or  other- 
wise, and  all  liabilities  and  contracts  of  the  school  board,  existing  at 
the  time  this  law  takes  effect,  and  all  taxes,  funds,  sinking  funds,  or 
other  resources  that  have  been  pledged  or  set  apart  for  the  payment 
of  the  principal  and  interest  thereof,  shall  continue  unimpaired  and 
remain  of  the  same  force  and  effect  as  though  the  same  had  been 
authorized  and  contracted  by  the  express  provision  of  this  law. 

§  544.  (§  3476)  Funds — Paid  on  Order  of  Board. — No  money  shall 
be  drawn  from  the  funds,  unless  the  same  shall  have  been  appropriated 
by  order  of  the  Board  of  Education,  and  no  appropriation  of  money 
shall  be  made  to  be  paid  out  of  said  school  funds,  unless  the  money 
shall  actually  be  in  the  treasury  to  meet  the  draft. 

§  545.  (§  3477)  President  of  Board. — Said  Board  of  Education 
shall  elect  from  its  own  number  a  President,  for  the  term  of  two  years, 
and  may  prescribe  who  shall  preside  in  his  absence,  and  make  all 
necessary  rules,  prescribing  the  duties  of  the  presiding  officer  and 
the  government  of  itself;  and  said  Board  shall  also  elect  a  Secretary, 
at  a  salary  to  be  fixed  by  the  Board,  whose  duty  it  shall  be  to  keep  a 
record  of  the  proceedings  of  all  regular  and  special  meetings,  counter- 
sign all  warrants  and  contracts,  and  whose  term  of  office  shall  be 
two  years. 

§  546.  (§  3478)  Library— Right  to  Establish.— Said  Board  of  Edu- 
cation shall  have  the  power  and  right  to  establish  and  maintain  a 
public  school  library,  out  of  any  funds  coming  into  its  hands,  except 
that  received  by  taxation,  or  from  the  State  funds,  and  also  to  pur- 
chase text  books  for  indigent  children  of  the  city,  and  to  otherwise 
expend  such  moneys  in  the  interest  of  the  public  schools.  Said  Board 


CITIES  OF  THE  THIRD  CLASS.  217 

of  Education  shall  have  the  power  and  right  to  make  rules  and  regu- 
lations governing  said  school  library. 

§  547.  (§  3479)  Non-Resident  Pupils. — Said  Board  shall  have 
power  to  admit  to  said  school  pupils  from  beyond  the  limits  of  the 
city,  and  may  collect  therefrom  tuition  fees  for  the  benefit  of  the 
schools  of  the  city,  making  deduction  of  taxes  for  school  purposes  on 
property  in  said  city  paid  by  parents  of  said  children;  and  no  children 
of  persons  residing  beyond  said  limits  shall  be  admitted  as  pupils  of 
any  of  said  schools  except  on  payment  of  such  tuition  fees  as  said 
Board  may  require. 

§  548.  (§  3480)  No  section  of  this  chapter  shall  be  so  construed 
as  to  repeal  in  any  wise  any  special  act  or  amendment  thereto  hereto- 
fore passed  for  any  city  of  the  third  class  for  the  establishment,  main- 
taining and  carrying  on  a  high  school. 


218  KENTUCKY   SCHOOL  LAWS   1916. 

CHAPTER  XXXII. 

(Following  36  Sections  are  Acts  of  1916.) 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH  CLASS. 

§  549.  Public  Schools  in  Cities  of  the  Fourth  Class. — Each  city 
of  the  fourth  class  in  this  State,  together  with  the  territory  now 
within  its  limits,  including  any  territory  which  has  heretofore  been 
added  for  school  purposes  outside  the  limits  of  said  city,  and  in 
territory  which  may  be  in  the  future  included  by  any  change  in  the 
limits  of  such  cities,  shall  be  and  constitute  a  single  school  district, 
and  the  supervision  and  government  of  common  schools  and  common 
school  property  therein  shall  be  vested  in  a  board  of  five  trustees  to 

be  called  and  known  as  the  "Board  of  Education  of , 

Kentucky"  (in  which  title  the  name  of  such  city  shall  be  inserted). 
Such  Board  of  Education  shall  be  a  body  corporate,  and  shall  have 
power,  by  and  in  said  name,  to  sue  and  be  sued,  contract  and  be 
contracted  with,  purchase,  receive,  hold  and  sell  property,  do  all 
things  necessary  to  accomplish  the  purpose  for  the  attainment  of 
which  such  school  district  is  organized,  and  succeeded  to  all  the  prop- 
erty, property  rights  and  privileges  of  whatever  kind  or  nature,  granted 
and  belonging  to  any  previous  corporation,  Board  of  Education  or 
school  district  in  such  city,  or  officers  thereof,  authorized  or  empow- 
ered by  any  enactment  of  the  General  Assembly  of  the  State  to  do 
anything  in  reference  to  the  public  education.  Provided,  that  all 
pending  suits  to  which  any  such  previous  corporation,  Board  of 
Education  or  school  district,  or  officers  thereof,  is  a  party,  may  be 
prosecuted  to  an  end  in  the  name  of  such  party.  The  titles  to  prop- 
erty previously  granted  to  such  city  by  the  United  States  or  this 
State,  for  common  school  purposes,  and  the  title  to  all  school  lands 
and  other  property  of  every  kind,  shall  be  vested  in  the  Board  of 
Education  created  by  this  act. 

§  550.  Every  such  Board  of  Education  shall  have  general  and 
supervising  control,  government  and  management  of  the  public  schools, 
including  kindergartens,  night  and  normal  schools  and  high  schools  as 
hereinafter  provided,  and  public  school  property  in  such  city,  with  the 
right  to  use  said  property  to  promote  public  education  in  such  ways 
as  it  may  deem  necessary  and  proper;  shall  exercise  generally  all 
powers  in  the  administration  of  the  public  school  system  therein,  ap- 
point such  officers,  agents  and  employes  as  it  may  deem  necessary 
and  proper  and  fix  their  compensation  and  term  of  office;  shall  have 
power  to  fix  the  time  of  its  meetings  to  make,  amend,  and  repeal 
rules  and  by-laws  for  its  meetings  and  proceedings,  for  the  govern- 


CITIES  OF  THE  FOURTH  CLASS.  219 

ment,  regulation  and  management  of  the  public  schools  and  school 
property  of  such  city,  for  the  transaction  of  its  business,  and  for  the 
examination,  qualification  and  employment  of  teachers,  which  rules 
and  by-laws,  when  not  inconsistent  with  the  general  law  of  the  State, 
shall  be  binding  on  such  Board  of  Education  and  all  parties  dealing 
with  it  until  formally  repealed  by  an  affirmative  vote  of  three  mem- 
bers of  said  board;  to  provide  for  special  and  standing  committees; 
to  provide  for  the  appointment  of  a  medical  inspector  for  the  school 
and  to  take  such  other  steps  as  may  be  proper  and  necessary  to  secure 
and  maintain  the  physical  welfare  of  the  pupils  therein;  to  certify  to 
the  general  council  or  the  board  of  commissioners  the  amount  of  money 
necessary  for  the  maintenance  and  improvement  of  the  schools  as  here- 
inafter provided,  and  to  purchase  and  hold  all  property,  real  and  per- 
sonal, deemed  by  it  necessary  for  the  purposes  of  public  education,  or 
for  the  investment  of  the  public  school  funds,  to  build  and  construct 
improvements  for  such  purposes  and  to  hold  or  sell  the  same. 

§  551.  It  shall  also  have  power,  when  unable  to  contract  with  the 
owner  of  any  real  estate  necessary  to  the  proper  accomplishment  of 
the  purpose  for  which  said  board  is  created,  to  institute  condemna- 
tion proceedings  in  accordance  with  the  law  governing  railroad  cor- 
porations operated  or  incorporated  under  the  existing  laws  of  this 
Commonwealth,  under  laws  which  may  hereafter  be  enacted;  and  to 
have  in  such  proceedings  the  same  rights,  powers,  privileges  and 
restrictions,  as  are  now  granted  to  or  conferred  upon  such  railroad 
corporations.  Such  Board  of  Education  shall  have  all  the  powers 
of  other  school  districts  under  the  laws  of  this  State,  except  as  herein 
provided. 

§  552.  No  person  shall  be  eligible  to  the  office  of  member  of  the 
Board  of  Education  -who  has  not  attained  the  age  of  twenty-four  (24) 
years,  and  who  is  not  a  citizen  of  the  United  States,  and  who  has 
not  been  such  citizen  for  at  least  three  years  preceding  his  election, 
and  a  resident  of  the  city  for  which  he  is  elected,  or  who  holds  or 
discharges  any  office,  deputyship  or  agency  under  the  city  or  county 
of  his  residence;  except  that  any  member  of  said  board,  or  any  existing 
board,  shall  be  eligible  for  re-election;  no  person  shall  be  eligible  to 
this,  office  who  at  the  time  of  his  election  is  directly  or  indirectly 
interested  in  the  sale  to  the  board  of  books,  stationery  or  other  prop- 
erty. If,  at  any  time,  after  the  election  of  any  member  of  said  board, 
he  shall  become  interested  in  any  such  contract  with  or  claim  against 
said  board,  or  if  he  shall,  after  election,  become  a  candidate  for  any 
office  or  agency  or  for  the  nomination  thereto,  the  holding  and  the 
discharging  of  the  duties  of  which  would  have  rendered  him  ineligible 
before  election,  or  if  he  shall  move  his  residence  from  the  city  for 
which  he  was  chosen,  or  if  he  shall  do  or  incur  anything  which  would 
have  rendered  him  ineligible  for  election,  his  office  shall  without  fur- 
ther action  be  vacant,  and  it  shall  be  filled  as  herein  directed.  Pro- 


220  KENTUCKY  SCHOOL  LAWS  1916. 

vided,  That  no  member  of  said  board  shall  vote  regarding  the  appoint- 
ment or  employment  in  any  capacity  of  any  person  related  to  said 
member  as  father,  mother,  brother,  sister,  husband,  wife,  son  or  daugh- 
ter, nephew  or  niece. 

§  553.     Every  member  of  said  board  shall,  before  assuming  the 
duties  of  his  office,  qualify  by  taking  the  following  oath,  which  shall 
be  kept  on  record  in  such  board: 
State  of  Kentucky, 
County  of  , 

,  being  duly  sworn,  says  that  he  is 

eligible  under  the  law  to  serve  as  a  member  of  the  Board  of  Educa- 
tion, and  that  he  will  not,  while  serving  as  a  member  of  such  board, 
become  interested  directly  or  indirectly  in  any  contract  with  or  claim 
against  said  board,  and  that  he  will  not  be  influenced  during  his  term 
of  office  by  any  consideration  except  that  of  merit  or  fitness  in  the 
appointment  of  officers  or  engagement  of  employes,  and  that  he  will 
support  the  Constitution  of  the  United  States  and  of  this  State  and 
faithfully  perform  the  duties  of  his  office. 


Sworn  to  and  subscribed  before  me  this day  of. 


§  554.  No  compensation  shall  be  paid  to  the  members  of  the  board 
except  as  herein  provided,  but  they  shall  be  exempt  from  jury  duty  and 
from  service  as  election  officers  during  their  term  of  office. 

The  members  of  said  Board  of  Education  shall  be  elected  from 
the  city  at  large  for  the  term  of  four  years,  except  as  specified  in 
sections  555  and  556  of  this  law,  by  the  legal  voters  of  such  city.  They 
shall  be  elected  from  the  city  at  large  without  reference  to  wards  or 
other  territorial  subdivisions,  and  such  election  shall  be  held  under 
the  provisions  of  the  general  laws  governing  city  elections,  so  far  as 
they  are  not  inconsistent  with  the  provisions  of  this  act. 

§  555.  All  elections  for  members  of  the  Board  of  Education  shall 
be  by  secret  ballot.  Said  ballot  shall  be  on  a  separate  sheet  from  all 
other  ballots  to  be  used  in  any  election.  It  shall  be  the  duty  of  the 
County  Clerk  of  any  county,  in  which  a  city  of  the  fourth  class  is 
situated,  to  cause  to  be  printed  on  said  ballot  the  names  of  all  candi- 
dates for  membership  on  said  Board  of  Education,  in  whose  behalf  he 
shall  be  petitioned  so  to  do  in  writing,  by  not  less  than  fifty  legal 
voters  of  such  city.  The  petitions  must  be  filed  in  the  office  of  the 
County  Clerk  not  more  than  sixty  and  not  less  than  fifteen  days  before 
the  day  of  election,  and  each  petition  must  be  signed  by  the  requisite 
number  of  qualified  persons  and  shall  show  the  place  of  residence  of 
each  person  signing  it,  and  no  person  shall  sign  more  petitions  than 
the  number  of  offices  to  be  filled. 

CaU  ballot  shall  be  in  the  form  prescribed  for  ballots  by  the  gen- 
eral election  law  of  the  State,  except  that  no  party  emblem  or  other 


CITIES  OF  THE  FOURTH  CLASS.  221 

emblem  of  distinguishing  mark  shall  be  placed  upon  said  ballot,  save 
the  words  "School  Ticket"  at  the  head  thereof;  and  that  the  names 
of  all  candidates  for  membership  in  the  Board  of  Education  shall  be 
printed  on  said  ballot  in  a  single  column.  The  names  shall  be  printed 
on  the  first  fifty  ballots  as  arranged  in  alphabetical  list.  On  each  of 
the  succeeding  fifty  ballots  the  names  shall  be  printed  in  the  same 
order,  save  that  the  last  named  on  the  preceding  fifty  ballots  shall 
be  shifted  to  the  first  place;  and  so  on  thereafter  throughout,  a  like 
change  being  made  in  the  printed  order  of  names  for  every  fifty  bal- 
lots, and  such  ballots  shall  be  so  bound  that  in  the  book  of  ballots  for 
each  voting  precinct  each  candidate's  name  will  appear  first  on  approx- 
imately the  same  number  of  ballots  as  that  of  every  other  candidate. 
As  many  additional  lines  shall  be  left  blank  as  there  are  members  to 
be  elected. 

The  provisions  of  the  general  election  law  of  the  State  of  Ken- 
tucky as  to  the  duties  of  County  Clerks  and  other  public  officers  in 
the  matter  of  printing  and  distributing  ballots,  of  issuing  them  to 
voters,  of  receiving  and  depositing  them  in  the  ballot  boxes  and  of 
counting  and  preserving  them,  and  in  other  particulars  except  as 
otherwise  provided  herein,  shall  be  applicable  in  all  respects  to  the 
election  of  members  of  the  Board  of  Education.  Provided,  That  it 
shall  be  the  duty  of  the  sheriff  of  each  county  in  which  a  city  of  the 
fourth  class  is  situated,  to  provide  for  each  precinc.t  in  said  city  a 
separate  box  for  the  reception  of  the  ballots  used  in  the  election  of 
members  of  the  Board  of  Education. 

And  provided,  further,  That  it  shall  be  the  duty  of  the  judge  of 
the  opposite  political  faith  to  the  clerk  of  election  in  each  precinct 
to  issue  the  school  ballots  in  the  same  manner  as  other  ballots  are 
issued  by  the  clerk  of  election,  by  writing  the  name  and  residence  of 
the  voter  upon  the  primary  stub,  and  his  registered  number  upon 
the  secondary  stub  of  the  school  ballot,  and  by  observing,  as  to  these 
ballots,  such  other  regulations  for  the  issue  and  deposit  of  ballots  as 
may  be  prescribed  for  elections  generally.  It  shall  be  unlawful  for  an 
election  officer  or  other  person  within  the  election  booth  to  tell  or 
indicate  by  word  of  mouth  or  otherwise  to  a  voter  what  may  be  the 
political  affiliations  of  any  candidate,  and  a  violation  of  this  provision 
shall  be  a  misdemeanor  punishable  by  fine  not  exceeding  two  hundred 
dollars.  And  provided,  further,  that  upon  the  filing  with  the  County 
Judge  of  the  county  wherein  a  city  of  the  fourth  class  is  situated  of 
a  petition  signed  by  a  number  of  legal  voters  equal  to  twenty  per 
cent,  or  more  of  the  total  number  of  votes  cast  in  said  city  at  the  last 
preceding  election  at  which  presidential  electors  were  voted  for  re- 
questing that  the  election  of  members  of  the  Board  of  Education  in 
said  city  be  held  en  a  day  other  than  the  day  for  holding  the  general 
election  therein,  said  County  Judge  shall  make  an  order  designating 
some  day  for  the  election  of  members  of  the  Board  of  Education  in 


222  KENTUCKY   SCHOOL  LAWS   1916. 

said  city,  which  day  shall  be  not  less  than  fifty  nor  more  than  eighty 
days  after  the  date  whereon  said  order  shall  have  been  entered. 
Whenever  such  order  shall  have  been  entered  by  said  court,  the  day  so 
designated  by  him  shall  thereafter  continue,  unless  changed  by  order  of 
court  as  herein  provided,  to  be  the  day  for  the  holding  of  elections 
for  members  of  the  Board  of  Education,  and  all  the  provisions  of  this 
act  and  the  general  law  regulating  elections  in  this  Commonwealth, 
when  not  otherwise  inconsistent,  shall  apply  to  and  govern  said  elec- 
tions, except  that  it  shall  be  the  duty  of  the  clerk  of  said  election 
to  issue  said  ballots  in  said  separate  elections  in  the  same  manner 
as  other  ballots  are  issued  by  him  in  general  elections.  The  order 
of  the  County  Judge  fixing  the  day  whereon  said  separate  election 
shall  be  held  shall  be  entered  within  fifteen  days  after  the  filing  of 
said  petitions.  The  expense  of  holding  said  separate  election,  if  or- 
deredT  as  aforesaid,  shall  be  paid  for  by  the  city  out  of  its  general 
funds. 

§  556.  Each  voter  may  vote  for  as  many  of  said  candidates  as 
there  are  members  to  be  elected,  by  making  a  cross  in  the  square 
opposite  the  name  of  each  candidate  for  whom  he  wishes  to  vote.  The 
candidates,  equal  in  number  to  the  number  of  members  to  be  chosen, 
who  have  the  highest  number  of  votes,  shall  be  declared  elected. 

§  557.  At  the  election  occurring  in  the  month  of  November,  1917, 
five  members  of  the  Board  of  Education  shall  be  elected  as  herein 
provided.  Alter  having  qualified  by  taking  the  oath  prescribed  by 
law,  they  shall  resume  office  on  the  first  Monday  in  January,  1918, 
and  shall  meet  at  the  office  of  the  Board  of  Education  in  said  city  on 
said  day,  and  shall  proceed  to  organize  by  electing  one  of  their  number 
president  and  another  vice  president.  Within  one  week  after  the  or- 
ganization of  said  board  it  shall  meet  to  divide  its  members  by  lot  in 
such  manner  as  they  shall  determine,  into  two  classes,  as  follows:  The 
first  class  consisting  of  two  members,  shall  hold  office  through  the 
31st  of  December,  1919;  the  second  class,  consisting  of  three  mem- 
bers, shall  hold  office  through  the  31st  day  of  December,  1921.  At  the 
election  every  two  years  thereafter  an  election  shall  be  held  to  fill 
the  terms  of  the  members  of  the  Board  of  Education  whose  terms 
will  expire  on  December  31st  following,  and  the  members  so  chosen 
shall  hold  office  for  four  years,  or  until  their  successors  are  elected 
and  qualified.  At  its  first  regular  meeting  after  the  1st  of  January  in 
each  year  following  said  regular  elections,  said  Board  of  Education 
shall  organize  by  electing  one  of  its  members  president  and  another 
vice  president.  The  board  shall  hold  meetings  regularly  at  least  once  a 
month,  and  shall  keep  a  correct  record  of  its  proceedings  in  a  book 
provided  for  that  purpose,  which  shall  be  a  public  record  open  to  in- 
spection of  any  officer  or  citizen  of  the  city. 

§  558.  Any  member  failing  to  attend  the  meeting  of  the  board  for 
three  consecutive  regular  meetings,  unless  excused  by  the  board  for 


CITIES  OF  THE  FOURTH  CLASS.  223 

reasons  satisfactory  to  the  board,  shall  be  deemed  to  have  vacated  his 
seat. 

§  559.  Any  vacancy  in  said  board,  from  whatever  cause  occurring, 
shall  be  filled  by  the  other  members  of  the  board  as  soon  as  practicable 
after  such  vacancy  occurs.  The  member  so  chosen  shall  hold  office 
for  the  remaining  part  of  the  term  of  his  predecessor,  and  until  his 
successor  is  elected  and  qualified,  subject  to  the  provisions  of  section 
152  of  the  Constitution  of  Kentucky. 

§  560.  When  members  of  the  Board  of  Education  shall  have  been 
elected,  shall  have  qualified,  and  shall  have  organized  as  hereinbefore 
provided,  thereupon  it  shall  become  the  duty  of  any  then  existing  cor- 
porations, or  Board  of  Education,  or  officers  of  the  school  district  of 
such  city  to  surrender  their  offices,  and  to  deliver  to  said  Board  of 
Education,  or  to  its  officers,  agents  or  employes,  all  the  public  school 
property,  both  real  and  personal,  of  every  kind  whatsoever)  and  the 
control  and  management  of  the  public  school  affairs  of  such  city. 
Provided,  That  until  such  Board  of  Education  shall  be  organized,  the 
administration  of  the  public  schools  and  the  management  of  school 
property  in  such  city  shall  remain  in  the  control  of  any  such  existing 
corporations,  Board  of  Education  or  officers  of  the  school  district,  in 
the  same  manner  and  with  the  same  power  as  existed  prior  to  the 
passage  of  this  act;  and  the  Board  of  Education  elected  under  this 
act  shall  continue,  subject  to  removal  for  cause,  the  employment  and 
service  of  any  existing  officers,  teachers,  agents,  or  other  employes,  in 
their  several  capacities  in  connection  with  the  administration  of  school 
affairs,  until  the  close  of  the  term  for  which  they  have  been  elected; 
and  the  said  Board  of  Education  may  thereafter  retain  without  exam- 
ination, or  remove  any  agents,  teachers,  janitors,  engineers,  or  other 
employes  then  rendering  service  in  connection  with  the  public  schools 
of  said  city  for  cause  to  be  stated  in  writing. 

All  rules  and  by-laws  made  by  any  existing  corporation,  Board  of 
Education  or  officers  of  the  school  district,  at  such  time  vested  in  such 
city  with  the  management  of  the  public  schools,  shall  continue  in 
force,  so  far  as  consistent  with  this  act,  until  repealed  or  altered  by 
such  Board  of  Education. 

§  561.  It  shall  be  the  duty  of  said  Board  of  Education,  within 
sixty  days  after  its  organization,  to  adopt  rules  and  by-laws  for  its 
meetings  and  proceedings,  and  for  the  government,  regulation  and 
management  of  the  schools  and  school  property,  and  for  the  examina- 
tion, qualification  and  employment  of  teachers.  And  such  rules  or 
by-laws  may  be  changed,  altered  or  set  aside,  only  upon  an  affirmative 
vote  of  four  (4)  members  of  the  board. 

§  562.  The  Board  of  Education  shall  appoint  a  Superintendent 
of  schools,  whose  term  of  office  shall  begin  on  July  1st  following  his 
appointment,  and  who  shall  serve  for  a  term  of  one  year,  but  whenever 
a  Superintendent  shall  have  served  one  year  after  the  appointment 


224  KENTUCKY   SCHOOL  LAWS   1916. 

which  is  to  be  made  under  this  law,  and  shall  be  reappointed  to  suc- 
ceed himself,  his  reappointment  shall  te  for  a  term  of  either  two  years 
or  fcur  years,  as  shall  be  determined  by  the  Board  of  Education.  He 
may  be  removed  by  three  members  of  the  board  for  cause,  and  the 
vacancy  thus  created  shall  be  filled  by  the  board  only  until  the  1st  day 
of  July  following,  when  the  temporary  incumbent  or  some  other  person 
shall  be  appointed  for  a  first  term  of  one  year,  as  hereinbefore  pro- 
vided. The  Board  of  Education  may,  on  the  nomination  of  the  Super- 
intendent of  Schools,  appoint  as  many  assistant  superintendents  as  it 
may  deem  necessary,  whose  compensation  shall  be  fixed  by  the  board 
and  who  may  be  removed  for  cause  by  the  Superintendent  with  the 
approval  of  three  members  of  the  board. 

The  Superintendent  of  Schools  shall  qualify  by  taking  the  oath 
prescribed  by  law,  and  shall  have  general  supervision,  subject  to  the 
control  of  the  board,  of  the  course  of  instruction,  discipline  and  con- 
duct of  the  schools,  text  books  and  studies;  and  all  appointments,  pro- 
motions, dismissals  and  transfers  of  teachers  and  truant  officers,  and 
introduction,  and  changes  of  text  books  and  apparatus  shall  be  made 
only  upon  the  recommendation  of  the  Superintendent,  and  the  approval 
of  the  board.  The  Superintendent  shall  have  power  to  suspend  any 
teacher,  pupil  or  truant  officer  for  cause  deemed  by  him  sufficient, 
and  the  Board  of  Education  shall  take  such  action  upon  the  restora- 
tion or  removal  of  such  person  as  it  may  deem  proper.  All  appoint- 
ments and  promotions  of  teachers  shall  be  made  upon  the  basis  of 
merit,  to  be  ascertained,  as  far  as  practicable,  in  cases  of  appointment 
by  examination,  and  in  cases  of  promotion  by  length  and  characte/  of 
service.  The  Board  of  Education  shall  appoint  three  examiners,  whose 
duties  it  shall  be  to  examine  and  certificate  all  teachers  employed 
by  said  board.  Said  examiners  may  recognize  State  diplomas,  State 
certificates,  or  State  University  and  Normal  School  certificates,  which 
are  valid  under  the  general  school  laws.  The  Superintendent  of 
Schools  shall  devote  himself  exclusively  to  the  duties  of  his  office, 
and  shall  have  power  to  appoint  clerks,  whose  number  and  salary 
shall  be  fixed  by  the  board,  and  shall  have  power  to  remove  the 
same;  shall  exercise  general  supervision  over  the  schools  of  the  city, 
examine  their  conditions  and  progress,  and  shall  keep  himself  in- 
formed of  the  progress  of  education  in  other  cities.  He  shall  advise 
himself  of  the  need  of  extension  of  the  school  system  of  the  city,  shall 
make  report  from  time  to  time,  as  may  be  fixed  by  the  rules  or  directed 
by  the  board,  and  shall  be  responsible  to  the  board  for  the  conditions 
of  the  instruction  and  discipline  of  the  school.  The  term  "teacher," 
as  used  herein,  shall  include  supervisors,  supervising  principals  and 
principals. 

§  563.  The  Board  of  Education  may  appoint  a  secretary,  who  may 
or  may  not  be  a  member  of  the  board,  and  fix  his  salary  at  a  sum  not 
exceeding  one  hundred  dollars  ($100.00)  per  year.  He  shall  keep  the 


CITIES  OF  THE  FOURTH  CLASS.  225 

records  of  the  Board  of  Education,  and  perform  such  other  duties  as 
may  be  imposed  upon  him  by  said  board.  The  orders  of  the  board  shall 
be  valid  when  countersigned  by  the  president  and  secretary  of  said 
board.  Said  secretary  shall  have  charge  of  the  collections  and  pay- 
ments of  the  funds  of  the  school  to  the  bank  or  trust  company  selected 
as  the  treasurer  of  the  board,  and  the  disbursements  of  all  revenues 
any  moneys  belonging  to  the  board.  All  checks  issued  by  said  board 
shall  be  given  in  the  name  of  the  Board  of  Education  and  signed  by 
the  President  and  Secretary.  The  board  shall  require  the  Secretary 
to  give  bond  for  the  faithful  performance  of  his  duties.  He  shall  de- 
posit the  funds  of  the  board  daily  in  the  designated  depository,  and 
shall  furnish  at  the  beginning  of  each  month  a  statement  of  the  re- 
ceipts and  disbursements  of  the  preceding  month;  at  the  end  of  the 
fiscal  year  he  shall  make  to  the  board  a  full  and  comprehensive  report 
of  its  financial  affairs  for  the  preceding  year.  He  shall  be  the  cus- 
todian of  all  securities,  documents,  title  papers,  books  of  record  and 
other  papers  belonging  to  the  board,  under  such  conditions  as  the  board 
may  direct. 

§  563a.  The  Board  of  Education  shall,  in  the  month  of  June  of 
each  year,  advertise  for  bids  from  the  banks  and  trust  companies  in 
the  county  in  which  such  city  is  located,  to  act  as  treasurer  and 
receive  the  current  deposits  of  such  board,  to  be  secured  by  bond 
with  surety  to  be  approved  by  the  board  in  an  amount  to  be  fixed  by 
the  board.  Said  bids  shall  specify  the  rate  of  interest  to  be  allowed 
to  said  board  on  such  deposits,  the  terms  on  which  such  deposits  will 
be  received,  and  the  nature  of  the  security  offered;  and  said  deposits 
shall  be  annually  awarded  to  the  bank  or  trust  company  that  offers 
with  the  required  security  the  highest  rate  of  interest  and  the  best 
terms  therefor;  the  board  shall  cause  contracts  for  the  ensuing  year 
to  be  made  with  such  bank  or  trust  company  so  receiving  the  award 
of  such  deposits.  All  moneys  due  the  board  from  any  source  what- 
ever shall  be  paid  to  the  secretary,  who  shall  thereupon  cause  all 
funds  received  to  be  paid  into  said  designated  depository.  The  fiscal 
year  of  the  board  shall  end  on  the  30th  day  of  June  of  each  year,  and 
the  annual  contract  shall  be  made  in  the  month  of  June  of  each  year 
for  the  deposits  of  the  succeeding  fiscal  year. 

§  564.  The  funds  of  the  board  deposited  in  the  bank -or  trust  com- 
pany shall  be  withdrawn  only  on  the  order  of  the  board,  evidenced 
by  its  check,  countersigned  by  the  President  and  Secretary. 

§  565.  It  shall  be  the  duty  of  such  Board  of  Education  at  the 
beginning  of  each  fiscal  year,  to  apportion  the  revenue  available  for 
that  year  to  the  different  departments,  for  expenditures  in  support  of 
the  schools  for  that  year,  and  no  report  or  resolution  shall  be  adopted 
by  the  board  calling  for  the  expenditure  of  money  unless  it  states 
specifically  the  fund  from  which  the  appropriation  is  to  be  made,  and 

S.  L— 8 


226  KENTUCKY   SCHOOL  LAWS   1916. 

is  accompanied  by  the  certificate  of  the  secretary  that  there  is  a  bal- 
ance in  such  fund  available  for  such  expenditure. 

§  566.  The  Board  of  Education  shall  have  the  power  to  borrow 
money  on  the  credit  of  the  board  in  anticipation  of  the  revenue  from 
school  taxes  for  the  fiscal  half  year  in  which  the  same  is  borrowed, 
and  pledge  said  school  taxes  for  the  payment  of  the  principal  and 
interest  of  said  loan:  Provided,  That  the  interest  paid  shall  in  no  case 
exceed  six  per  centum  per  annum  and  the  principal  shall  in  no  case 
exceed  fifty  per  cent,  of  the  anticipated  revenue  for  the  fiscal  half 
year  in  which  the  same  is  borrowed. 

Said  Board  of  Education  shall  also  have  authority  to  employ  an 
architect  when  necessary,  and  to  fix  his  compensation.  The  Board  of 
Education  shall  also  have  power  to  appoint  such  other  engineers,  jani- 
tors and  other  employes  and  agents  as  may  be  necessary  for  the  prop- 
er conduct  of  the  schools. 

§  567.  The  contract  for  the  erection  of  school  buildings,  and  addi- 
tions thereto,  shall  be  made  by  said  Board  of  Education  after  public 
letting  to  the  lowest  Tind  best  responsible  bidder  complying  with  the 
terms  of  the  letting,  but  it  may  reject  all  bids.  The  necessary  specifica- 
tions and  drawings  shall  be  prepared  for  all  such  work,  and  bids 
therefor  shall  be  solicited  by  such  advertisement  as  the  Board  of 
Education  may  provide.  All  work  of  repairs,  alterations  and  con- 
s'ruction  other  than  such  original  erections  and  additions,  shall  be 
ordered  by  the  Board  of  Education.  Bids  may  be  solicited  for  said 
work  when  desired.  The  board  shall  also  have  the  right  to  purchase 
all  supplies,  and  may  ask  for  bids  when  the  amount  of  the  purchase- 
exceeds  fifty  dollars. 

§  568.  Said  Board  of  Education  shall,  within  thirty  days  prior  to- 
the  time  prescribed  for  the  levy  to  be  made  in  the  charter  of  cities 
of  the  fourth  class,  approximately  ascertain  the  amount  of  money 
necessary  to  be  used  to  defray  the  expenses  of  maintaining  the  schools, 
and  conducting  the  business  entrusted  to  the  board  during  the  current 
fiscal  year,  and  report  the  same  to  the  general  council  or  board  of 
commissioners  with  the  request  that  a  tax  for  schools  sufficient  to 
realize  for  said  board  the  amount  aforesaid  shall  be  levied  on  each  one 
hundred  dollars'  (?100.00)  worth  of  property  assessed  for  taxation  for 
city  purposes,  and  that  said  tax  shall  be  included  in  the  annual  levy  for 
said  year.  The  said  general  council  or  board  of  commissioners  shall 
make  the  necessary  levy  and  collect  a  tax  sufficient  to  realize  the 
amount  so  certified  and  requested  by  the  Board  of  Education  to  defray 
the  general  expenses  of  maintaining  the  public  school.  Provided, 
That  the  tax  levy  for  any  one  year  shall  not  exceed  fifty  cents  on  each- 
one  hundred  dollars'  ($100.00)  worth  of  taxable  property  in  the  city  as 
returned  by  the  board  of  equalization.  If,  in  any  year,  the  amount  so- 
certified  and  requested,  shall  necessitate  a  tax  rate,  as  based  upon  the 
total  assessment  of  taxable  property  for  said  year,  greater  than  fifty 


CITIES  OF  THE  F'OURTH  CLASS.  227 

cents  for  maintenance  purposes,  the  general  council  or  board  of  com- 
missioners may  fix  the  levy  for  schools  at  fifty  cents  and  disregard 
the  excess;  Provided,  however,  that  the  limitation  hereinbefore  pre- 
scribed of  the  tax  that  may  be  levied  for  school  purposes  shall  not 
apply  where  a  bonded  indebtedness  has  been  incurred  for  the  construc- 
tion, improvement  or  acquisition  of  school  buildings  or  property;  and 
when  such  an  indebtedness  has  been  incurred,  there  may  be  levied  in 
addition  to  the  tax  hereinbefore  authorized  an  annual  ad  valorem 
tax  sufficient  to  pay  the  interest  on  such  indebtedness,  and  also  to 
constitute  a  sinking  fund  for  the  payment  of  the  principal  thereof; 
the  provisions  hereof  shall  apply  to  any  bonded  indebtedness  whether 
heretofore  or  hereafter  created.  If,  in  any  year,  the  board  shall  fail 
to  make  the  certificate  and  request  as  aforesaid,  the  general  council 
or  board  of  commissioners  shall  make  a  levy  for  schools  that  shall 
be  the  same  as  it  was  the  year  before. 

Said  tax  shall  be  paid  to  the  board  or  authorized  agent  of  same  by 
the  treasurer  of  the  city  in  regular  monthly  installments,  the  first 
payment  to  be  made  within  one  month  after,  the  collecion  of  said 
amount  shall  have  been  commenced,  and  the  other  payments  to  be 
made  monthly  thereafter  as  collected. 

§  569.  Whenever  the  Board  of  Education  shall  deem  it  neces- 
sary for  the  proper  accommodation  of  the  schools  of  such  city  to  pur- 
chase a  site  or  sites,  to  erect  school  houses  for  the  high  schools,  or 
for  the  other  schools,  or  for  any  or  all  these  purposes,  and  the  annual 
funds  raised  from  other  sources  are  not  sufficient  to  accomplish  said 
purpose  or  purposes  and  a  bond  issue  is  necessary,  said  board  is  hereby 
authorized  and  empowered  to  order  an  election  and  submit  to  the 
voters  of  their  city  the  question  whether  or  not,  the  Board  of  Education 
thereof,  shall  issue  bonds  in  any  amount  not  exceeding  ($100,000.00) 
one  hundred  thousand  dollars,  subject  to  the  limitation  provided  by 
section  (157)  one  hundred  and  fifty-seven  and  (158)  one  hundred  and 
fifty-eight  of  the  present  Constitution  of  this  State,  for  the  purpose  of 
providing  suitable  grounds,  school  "buildings,  furniture  and  apparatus; 
Provided,  that  due  notice  of  said  election  shall  be  made  by  written 
or  printed  posters  not  less  than  one  foot  square,  signed  by  the  presi- 
dent and  secretary  of  said  board,  stating  the  time,  place  and  hours  of 
said  election,  posted  at  no  less  than  six  public  conspicuous  places  in 
the  city  at  least  ten  days  previous  to  the  day  of  election,  and  by  one 
insertion  thereof  in  a  local  newspaper,  if  any  published  in  said  city. 
The  board  shall  appoint  two  judges,  a  sheriff,  and  a  clerk  to  hold 
said  election  in  each  precinct  in  the  city,  who  shall  be  duly  sworn 
before  acting,  and  shall  be  qualified  electors  and  residents  of  the  city 
for  which  they  are  appointed.  On  the  day  set  apart  for  the  election, 
the  officers  so  appointed  shall  open  a  poll  in  each  precinct  of  said  city 
and  shall  ask  of  each  voter  duly  qualified:  "Are  you  in  favor  of  the 
issuing  of  bonds  to  the  amount  of  $ ,  for  the  purpose 


228  KENTUCKY   SCHOOL  LAWS   191(5. 

of  providing  suitable  grounds,  school  buildings,  furniture  and  appara- 
tus for  said  city?"  and  the  clerk  shall  record  the  answer  "yes"  or 
"no."  If  two-thirds  of  the  voters  voting  at  said  election  vote  in  favor 
of  the  issue  of  the  bonds,  they  shall,  when  so  issued,  be  placed  under 
the  control  of  the  Board  of  Education,  who  shall  determine  when  and  at 
what  price  and  how  they  shall  be  sold;  Provided,  that  no  such  bonds 
shall  be  sold  for  less  than  par;  nor  shall  they  bear  greater  interest  than 
six  per  cent,  per  annum.  As  the  bonds  are  sold  their  proceeds  shall  be 
placed  to  the  credit  of  the  board  in  the  same  depository  which  is  se- 
lected for  its  other  funds,  but  shall  be  kept  in  a  separate  account  and 
shall  be  used  only  for  the  purpose  for  which  these  bonds  were  issued. 
The  bonds  so  issued  shall  be  designated  "School  Improvement  Bonds," 
and  the  order  shall  provide  the  date  and  maturity  of  such  bonds,  the 
rate  of  interest  they  shall  bear,  and  the  total  amount  to  be  issued ;  and 
the  order  shall  also  contain  the  necessary  details  in  reference  to  the 
execution  and  delivery  of  said  bonds,  their  denominations,  the  coupons 
to  be  annexed,  the  tax  to  be  levied  to  pay  the  interest,  and  a  sinking 
fund  to  retire  such  bonds  at  maturity. 

It  shall  be  the  duty  of  the  general  council  or  the  board  of  commis- 
sioners, in  addition  to  the  levy  made  for  the  maintenance  of  the  schools 
as  hereinbefore  provided,  to  levy  annually  in  its  city  tax  levy  a  rate 
that  will  raise  a  sum  that  will  be  sufficient  to  pay  the  interest  and 
create  a  sinking  fund  for  the  payment  of  the  bonds  at  maturity.  The 
said  bonds,  principal  and  interest,  shall  be  a  charge  upon  the  sinking 
fund  of  said  city,  and  it  shall  be  entitled  to  have  the  annual  tax  that 
shall  be  levied  as  aforesaid. 

Whenever  the  boundary  of  the  school  district  does  not  coincide 
with  the  boundary  of  the  city,  and  it  is  necessary  to  take  a  vote  on 
a  bond  issue,  it  shall  be  the  duty  of  the  County  Judge  of  the  county 
in  which  such  city  is  located  to  call  an  election  for  such  bond  issue  on 
the  day  set  apart  for  said  election  in  the  city.  In  this  event  it  shall 
be  the  duty  of  the  County  Judge  to  perform  all  the  duties  imposed 
upon  the  Board  of  Education  as  set  out  in  this  section.  It  shall  also 
be  the  duty  of  the  fiscal  court  of  the  county  in  which  such  school 
district  is  located  to  make  the  necessary  levy  on  the  property  in  such 
district  outside  of  the  boundary  of  the  city,  in  order  to  liquidate  the 
bonded  indebtedness.  The  same  rate  of  taxation  for  the  purpose  of 
liquidating  said  bonded  indebtedness  shall  apply  in  the  city  and  in  the 
territory  in  such  school  district  beyond  the  city. 

§  570.  For  the  maintenance  of  the  schools  there  shall  be  appro- 
priated the  sum  or  sums  which  may  be  received  from  year  to  year  as 
the  school  fund  of  this  Commonwealth. 

§  571.  So  much  property  in  the  school  district  as  from  any  cause 
shall  escheat  to  the  Commonwealth  of  Kentucky,  shall  vest  in  the 
board  for  the  use  and  benefit  of  the  public  schools  and  said  district. 
Said  board  may,  in  the  name  of  the  Commonwealth,  for  the  use  and 


CITIES  OP  THE  FOURTH  CLASS.  229 

benefit  of  the  said  schools  by  its  president  or  other  officer  to  be  des- 
ignated by  it,  enter  upon  and  take  possession  of  said  property,  or  sue 
for  and  recover  the  same  by  action  at  law  or  in  equity,  and  without 
office  found.  The  Board  may  sell  and  convey  any  of  such  property  by 
warranty  deed  or  otherwise.  The  board  shall  also  have  authority  to 
accept  for  the  use  and  benefit  of  the  schools  any  gift  or  devise  which 
may  be  made  to  said  schools. 

§  572.  All  officers  OL  any  city  of  the  fourth  class,  and  of  the 
State,  concerned  with  the  assessment  and  collection  of  taxes,  fines 
and  penalties,  shall  perform  such  duties  in  relation  to  the  levying 
and  collection  cf  school  taxes  and  the  collection  of  such  fines  and 
penalties,  and  the  payment  thereof  to  said  board  for  school  purposes, 
as  are  now  imposed  by  the  existing  laws  upon  such  officers  in  rela- 
tion to  the  levy  and  collection  of  school  taxes  and  the  collection  of 
fines  'and  penalties  payable  to  the  schools  funds;  and  nothing  in  this 
act,  unless  inconsistent  therewith,  shall  be  construed  as  repealing 
any  existing  law  providing  for  the  assessment  and  collection  of 
school  taxes  in  such  city;  and  all  powers  and  duties  conferred  by 
existing  laws  upon  any  board  in  relation  thereto  shall  be  continued 
in  the  board  created  by  this  act. 

§  573.  The  Board  of  Education  shall  have  power  to  establish 
and  maintain  kindergartens  for  children  from  four  to  six  years  of 
age,  high  schools,  night  schools  for  all  residents  of  the  city,  and 
normal  training  classes  for  the  purpose  of  training  teachers  to  fill 
positions  in  the  schools  of  the  city,  and  to  this  end  it  may  prescribe 
rules  and  regulations  for  the  government  of  such  schools  and  em- 
ploy the  principals  and  other  teachers  necessary  for  their  efficient 
management. 

§  574.  The  Board  of  Education  shall  provide,  maintain  and 
support  separate  schools,  or  provide  for  the  education  of  all  colored 
children  who  are  bona  fide  residents  of  said  school  district  and  en- 
titled to  free  tuition  in  the  common  schools.  Said  colored  schools 
or  children  shall  be  entitled  to  the  same  benefits,  be  governed  by 
the  same  rules  and  regulations,  and  be  subject  to  the  same  restric- 
tions as  the  schools  herein  provided  for  white  children. 

§  575.  The  board  shall  have  the  power  to  admit  to  any  school 
pupils  from  beyond  the  limits  of  the  school  district  and  shall  collect 
for  these  pupils  tuition  fees  f.or  the  benefit  of  the  school  fund  of  the 
school  district.  Children  or  persons  residing  outside  of  the  limits 
of  the  school  district  shall  not  be  admitted  as  pupils  into  any  of  the 
public  schools,  except  upon  payment  of  such  tuition  as  the  board 
may  require  as  aforesaid. 

§  576.  A  city  of  the  fourth  class  being  deemed  one  district  for 
taxation  purposes,  and  entitled  to  its  proportion  of  the  public  school 
fund  of  the  Commonwealth,  the  Board  of  Education  of  such  city  shall 
make  detailed  reports  annually,  and  special  reports  as  required,  to 


230  KENTUCKY   SCHOOL  LAWS   1916. 

the  State  Superintendent  of  Public  Instruction.  The  board  shall 
also  cause  a  census  of  the  children  of  school  age  to  be  taken  during 
the  month  of  April  and  the  returns  made  according  to  the  general 
school  law. 

§  577.  The  Board  of  Education  shall,  at  the  end  of  each 
scholastic  year,  prepare  and  publish  for  the  information  of  the  public, 
a  report  which  shall  include  the  annual  reports  made  to  the  board 
by  the  superintendent,  and  secretary,  together  with  such  other  in- 
formation as  may  be  proper  and  necessary  to  an  understanding  of 
the  general  condition  and  educational  progress  of  the  schools  during 
the  preceding  year. 

§  578.  Any  member,  officer  or  employe  of  such  board  who  shall 
willfully  violate  any  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  punished  by  a 
fine  of  not  more  than  five  hundred  dollars,  or  by  imprisonment  not 
exceeding  one  year,  or  by  both  such  fine  and  imprisonment,  in  the 
discretion  of  the  jury. 

§  579.  All  testimony  taken  upon  any  investigation  made  by  the 
board,  or  in  any  proceedings  before  the  board  for  the  removal  of 
any  officer  or  employe  of  the  board,  or  in  any  investigation  made  by 
any  committee  of  the  board,  shall  be  under  oath,  which  oath  may 
be  administered  by  the  secretary  or  any  officer  authorized  to  ad- 
minister oaths. 

§  580.  Said  board,  or  any  duly  constituted  committee  thereof, 
shall  have  the  power  in  any  investigation  or  proceedings  before  it 
concerning  a  matter  which  may  be  a  proper  subject  of  inquiry  by  it, 
to  summon  witnesses  by  subpoena  and  to  enforce  the  compulsory 
attendance  of  said  witnesses.  Should  any  person  so  summoned  re- 
fuse to  attend  or  to  produce  a  paper  to  be  used  as  evidence  In  said 
investigation,  or  proceeding,  or,  being  present,  refuse  to  testify  con- 
cerning amy  matter  which  may  be  a  proper  subject  of  inquiry,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  ten  and  not  more  than  fifty 
dollars. 

§  581.  All  cities  of  the  fourth  class  in  the  Commonwealth  of 
Kentucky  shall  be  subject  to  the  provisions  of  this  law,  except  where 
any  city  maintains  a  system  of  schools  under  any  special  charter  or 
special  act  of  the  General  Assembly,  and  levies  a  tax  greater  than 
that  provided  in  this  law,  shall  be  exempt  and  may  continue  to  oper- 
ate its  schools  under  such  special  charter  or  general  act. 

§  582.  Whenever  it  becomes  desirable  for  a  city  of  the  fourth 
class  to  extend  the  boundary  for  school  purposes  beyond  the  city 
limits,  the  qualified  voters  in  such  territory  shall  prepare  a  petition 
in  duplicate  setting  forth  the  names  of  all  parties  to  be  changed, 
and  defining  the  proposed  change  in  the  boundary  of  the  said  school 
district.  Said  petition  shall  be  signed  by  a  majority  of  the  voters  in 


CITIES  OF  THE  FOURTH  CLASS.  231 

said  territory,  and  a  copy  shall  be  filed  with  the  Board  of  Education 
of  such  city,  and  also  with  the  County  Board  of  Education  of  the 
county  in  which  such  city  is  located.  Upon  the  approval  of  said 
petition  by  the  Board  of  Education  of  such  city  and  by  the  County 
Board  of  Education  of  such  county,  each  board  shall  make  an  order 
on  its  record  book  providing  for  the  change,  and  the  change  shall 
become  effective  at  once. 

If  at  any  time  the  boundary  of  a  school  district  extends  beyond 
the  boundary  of  said  city,  the  Board  of  Education  shall  file  a  copy 
of  the  estimate  of  the  amount  of  money  necessary  to  conduct  the 
schools  with  the  fiscal  court  of  the  county  in  which  said  city  is 
located,  and  shall  estimate  the  amount  of  money  which  may  be  re- 
ceived from  the  city  and  from  the  territory  beyond  the  limits  of  said 
city  which  is  included  in  the  school  district,  and  the  fiscal  court  of 
said  county  shall  m'ake  a  levy  to  cover  its  proportional  part  of  said 
taxes  on  the  property  in  said  school  district  which  is  located  out- 
side of  the  city  limits.  The  rate  of  taxation  by  the  General  Council 
or  Board  of  Commissioners  and  by  the  fiscal  court  in  such  school 
district  shall  be  the  same  in  all  cases. 

§  583.  The  general  school  laws  of  this  State  and  all  laws  and 
parts  of  laws  applicable  to  the  general  system  of  public  schools  in 
a  city  of  the  fourth  class  not  inconsistent  herewith,  shall  be  in  full 
force  and  effect  in  such  city. 

§  584.  This  act  shall  be  in  full  force  and  effect  from  and  after 
its  passage  land  approval  by  the  Governor,  as  provided  by  law,  and 
shall  be  in  full  force  and  effect  in  any  city  of  the  fourth  class  upon 
its  acceptance  and  approval  by  a  majority  of  the  qualified  voters  of 
such  city,  as  expressed  at  a  special  election  which  shall  be  called 
and  held  in  the  same  manner  as  is  provided  by  Section  twenty-two 
of  this  act.  The  question  propounded  to  each  qualified  voter  at  said 
election  shall  be  as  follows:  "Are  you  in  favor  of  adopting  commis- 
sion form  of  government  for  the  schools  of , 

Kentucky?"  And  the  clerk  shall  record  the  answer,  "Yes"  or  "No." 


232  KENTUCKY  SCHOOL  LAWS  1916. 

CHAPTER  XXXIII. 

(Section  numbers  in  parenthesis  refer  to  Kentucky  Statutes.) 


COMPULSORY   ATTENDANCE    AND    TRUANCY    LAW    IN    CITIES 
OF  THE  FIRST,  SECOND,  THIRD  AND  FOURTH  CLASSES. 

§  585.  (§  2978c)  (1)  Children  Between  the  Ages  of  7  and 
16  to  be  Enrolled  in  School — Exceptions. — That  every  parent,  guard- 
ian or  other  person  in  any  city  of  the  first,  second,  third  or  fourth 
class,  having  the  custody,  control  or  supervision  of  any  child,  or  chil- 
dren, between  the  ages  of  seven  and  sixteen  years  inclusive,  shall 
cause  such  child  to  be  enrolled  in  and  to  attend  some  public  or  pri- 
vate day  or  parochial  school  regularly  each  school  year  for  a  full 
term  or  period  of  said  school,  provided  that  such  private  or  paro- 
chial school  term  shall  not  be  for,  a  shorter  period  during  each  year 
than  the  term  of  the  public  schools  in  the  city  of  the  child's  resi- 
dence. Provided  further,  that  this  act  shall  not  apply  in  any  case 
where  the  child  has  been,  or  is  being  taught  at  home  in  such  branches 
as  are  taught  in  the  public  schools  for  a  like  period  of  time  and  sub- 
ject to  the  same  examinations  as  other  pupils  of  the  city  in  which 
the  child  resides;  and  for  the  purpose  of  ascertaining  whether  or  not 
any  child  is  embraced  within  this  exemption  the  court  may  order 
such  child  to  submit  to  an  examination  to  be  given  by  the  City 
Superintendent  of  Schools.  Provided,  further,  that  this  section  shall 
not  apply  to  any  child  who  is  excused  by  the  Board  of  Education  or 
school  bo'ard  of  the  city  in  which  the  parent,  guardian  or  person  hav- 
ing the  custody,  control  or  supervision  of  such  child  or  children  re- 
side, upon  it  being  shown  to  the  satisfaction  of  the  superintendent  or 
chief  executive  officer  of  schools  upon  certificate  of  the  health  offi- 
cer, which  certificate  shall  be  filed  in  the  office  of  the  Superintendent 
of  Schools,  that  such  child  is  not  in  proper  physical  or  mental  con- 
dition to  attend  school.  Provided,  further,  that  the  provisions  of  this 
act  shall  not  apply  to  any  child  between  fourteen  and  sixteen  years 
of  age  for  whom  an  employment  certificate  m'ay  have  been  issued  in 
accordance  with  the  provisions  of  the  child  labor  law. 

§  586.  (§  2978c)  (2)  Penalty  for  Failure  to  Comply  With  Act.— 
Any  parent,  guardian  or  other  person  having  the  custody,  control  or 
supervision  of  any  child  embraced  within  the  provisions  of  this  act, 
who  shall  fail  to  comply  with  the  provisions  of  this  act,  shall  be 
deemed  guilty  of  misdeme'anor,  and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  exceeding  twenty-five  ($25)  dollars  for  the  first 
offense,  and  for  any  subsequent  offense,  upon  conviction  thereof, 
shall  be  fined  in  any  sum  not  exceeding  one  hundred  ($100)  dollars, 
or  by  imprisonment  in  the  county  jail  for  any  period  not  exceeding 
fifty  days,  or  both  so  fined  and  imprisoned,  in  the  discretion  of  the 
court. 


COMPULSORY  ATTENDANCE  AND  TRUANCY  LAW.         233 

§  587.  (§  2978c)  (3)  Evasion  by  False  Statement — Penalty — 
Defense. — Any  parent,  guardian,  or  other  person  having  the  custody, 
control  or  supervision  of  any  child,  embraced  within  this  act,  who 
with  the  intent  to  evade  the  provisions  of  this  act,  shall  make  a  false 
statement  concerning  the  age  of  such  child  or  the  time  such  child 
has  attended  school,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  any  sum  not  exceeding  one 
hundred  ($100)  dollars,  or  by  imprisonment  in  the  county  jail  for  a 
period  not  exceeding  fifty  days,  or  both  so  fined  and  imprisoned  In 
the  discretion  of  the  court.  Any  parent,  guardian,  or  other  person 
having  the  custody,  control  or  supervision  of  any  child  embraced 
within  this  act,  who  shall  be  proceeded  against  under  this  act,  may 
prove  in  defense  that  he  is  unable  to  compel  the  child  under  his  con- 
trol to  attend  school,  and  he  may  be  thereupon  discharged  from  li- 
ability, and  such  child  shall  be  proceeded  against  as  a  delinquent 
child  under  the  statutes  in  such  cases  made  and  provided. 

§  588.  (§  2978c)  (4)  Record  of  Age. — A  passport,  a  duly  at- 
tested transcript  of  the  certificate  of  birth  or  baptism,  a  certified  copy 
under  oath  of  a  record  in  the  family  Bible,  or  other  religious  record, 
showing  the  date  and  place  of  birth  of  such  child  shall  be  produced 
as  proof  of  age.  In  case  such  certificate  or  record  as  hereinabove 
provided  can  not  be  secured,  upon  proof  of  such  fact,  the  record  of 
the  age  stated  in  the  first  school  enrollment  to  be  found  shall  be  con- 
sidered as  evidence  thereof.  If  there  be  no  school  enrollment  show- 
ing such  fact,  other  evidence  as  to  the  age  of  said  child  may  be  con- 
sidered. 

§  589.  (§  2978c)  (5)  Fines  and  Penalties  to  be  Used  to  Pay 
Officers. — Any  fines  or  penalties  provided  for  in  this  act  shall  be  for 
the  use  of  the  public  schools  of  the  city  in  which  such  child  resides. 
Any  such  fine  or  penalty  may  be  recovered  by  rule  or  in  any  w'ay 
in  which  a  court  of  equity  may  enforce  its  orders  or  decrees. 

§  590.  (§  2978c)  (6)  Appointment  of  Truant  Officers— Qualifi- 
cations —  Examination  of  Truant  Officers  —  Compensation  —  Chief 
Truant  Officer  May  be  Appointed. — In  the  first  week  of  July  in  each 
year  the  Board  of  Education  in  each  city  of  the  first,  second,  third 
and  fourth  classes  shall  appoint  at  least  one  person  for  each  ten 
thousand  (10,000)  children,  enrolled  in  the  school  census,  to  serve  as 
truant  officers,  whose  term  of  office  shall  be  during  the  pleasure  of 
the  board  appointing  him,  who  may  be  removed  at  any  time  by  said 
board  for  cause,  and  whose  duties  shall  be  limited  to  the  city  where 
the  appointment  is  made.  If  in  any  such  city  there  shall  be  less 
than  ten  thousand  (10,000)  children  enrolled  in  the  school  census, 
there  shall  be  appointed,  as  above,  one  truant  officer. 

Said  truant  officers  shall  be  residents  of  the  city  In  which  they 
are  appointed,  and  of  good  moral  character.  They  must  be  able  to 
read  and  write  with  ease.  In  cities  of  the  first  class  such  truant  offi- 


234  KENTUCKY   SCHOOL  LAWS   1916. 

cer3  shall  not  engage  in  any  other  occupation  during  such  period  of 
time  as  the  schools  are  in  session  each  year. 

Before  they  shall  be  eligible  for  appointment,  all  applicants  for 
the  position  of  truant  officer  shall  be  examined  by  the  Superintend- 
ent of  Schools,  who  shall  certify  to  the  Board  of  Education  only 
such  persons  qualified  as  herein  provided. 

Such  truant  officer  shall  receive  from  the  tax  levy  for  school  pur- 
poses of  such  cities  not  less  than  one  ($1.00)  dollar  nor  more  than 
three  (?3.00)  dollars  per  day  during  such  period  of  time  as  he  may 
be  employed  by  the  school  board. 

In  cities  of  the  first  class  the  Board  of  Education  may  appoint 
a  chief  truant  officer  in  addition  to  the  truant  officer  or  officers 
herein  provided  for,  or  may  designate  one  of  the  truant  officers  as 
provided  for,  as  chief  truant  officer.  Such  chief  truant  officer  shall 
be  called  the  Director  of  Attendance,  and  his  salary  shall  be  fixed 
by  the  Bo'ard  of  Education.  It  shall  be  the  duty  of  the  Director  of 
Attendance,  under  the  general  direction  of  the  Superintendent  of 
City  Schools,  to  supervise,  control  and  direct  the  work  of  all  truant 
officers  appointed  in  such  city,  to  supervise,  control  and  direct  the 
taking  of  the  school  census  when  directed  by  the  Board  of  Education, 
and  to  cause  to  be  made  and  fully  kept,  reports  from  all  truant  offi- 
cers, principals  and  teachers  of  the  workings  of  this  act,  and  he  shall 
be  directly  charged  with  the  duty  of  seeing  that  the  provisions  of 
this  act  are  complied  with. 

In  cities  of  the  second  class,  the  Board  of  Education  may  ap- 
point a  chief  truant  officer  in  addition  to  the  truant  officer  or  officers 
herein  provided  for,  or  may  designate  one  of  the  truant  officers  as 
provided  for,  as  chief  truant  officer,  and  shall  be  authorized  to  pay 
such  chief  truant  officer  a  salary  of  not  exceeding  twelve  hundred 
($1,200)  dollars  per  year  to  be  fixed  by  said  board.  It  shall  be  the 
duty  of  the  chief  truant  officer,  under  the  gener'al  direction  of  the 
Superintendent  of  City  Schools,  to  supervise,  control  and  direct  the 
work  of  all  truant  officers  appointed  in  such  city.  Such  chief  truant 
officer  shall  cause  to  be  made  and  fully  kept,  reports  from  all  truant 
officers,  principals  and  teachers,  of  the  workings  of  this  act,  and  shall 
be  directly  charged  with  the  duty  of  seeing  that  the  provisions  of 
this  act  are  complied  with. 

§  591.  (§  2978c)  (7)  Duties  of  Truant  Officers.— Truant  offi- 
cers shall  examine  into  any  case  of  truancy  within  the  city  or  dis- 
trict, and  when,  from  personal  knowledge,  or  by  report  or  complaint 
from  any  resident  or  teacher  of  the  city  or  district  it  appears  that 
any  child,  subject  to  the  provisions  of  this  act,  is  absent  from  school 
without  lawful  excuse,  and  in  violation  of  the  provisions  of  this  act, 
or  is  persistently  truant  from  school,  the  truant  officer  shall  im- 
mediately give  written  notice  to  the  parents,  guardian  or  person  hav- 
ing the  custody,  control  or  supervision  of  such  child  that  the  attend- 


COMPULSORY  ATTENDANCE   AND    TRUANCY    LAW.       235 

ance  of  such  child  is  required,  and  if  such  parent,  'guardian  or  per- 
son having  the  custody,  control  or  supervision  of  such  child  does 
not  comply  immediately  with  the  provisions  of  this  act,  then  such 
truant  officer  shall  proceed  against  such  child  as  a  delinquent  child, 
and  against  such  parents,  guardian  or  person  having  the  custody, 
control  or  supervision  of  such  child  for  violation  of  this  act  and  for 
contributing  to  such  condition  of  delinquency  in  such  child.  It  shall 
be  the  duty  of  all  truant  officers  to  report  all  violations  of  the  child 
labor  law  of  wihch  they  have  any  knowledge.  In  cities  having  a 
chief  truant  officer  such  report  shall  be  made  by  such  chief  truant 
officer  and  in  cities  having  no  chief  truant  officer  such  report  shall 
be  made  by  truant  officers  to  the  Superintendent  of  City  Schools. 
All  such  violations  aforesaid  shall  be  promptly  reported  by  the 
Superintendent  of  Schools  or  chief  truant  officer,  'as  the  case  may  be, 
to  the  Labor  Inspector. 

§  592.  (§  2978c)  (8)  Jurisdiction.— The  County  Court  of  the 
respective  counties  of  the  Commonwealth  shall  have  exclusive  juris- 
diction of  all  cases  coming  within  the  terms  and  provisions  of  this 
act. 

§  593.  (§  2978c)  (9)  School  Officers  to  Report— Truant  Offi- 
cers Under  Supervision  of  City  Superintendent. — All  school  officers 
and  teachers  are  hereby  required  to  make  and  furnish  upon  demand, 
any  report  that  may  be  required  by  the  Superintendent  of  Public  In- 
struction, or  by  the  Superintendent  of  Public  Schools  of  cities  of  the 
first,  second,  third  and  fourth  classes,  with  reference  to  the  work- 
ings of  this  act,  and  all  truant  officers  appointed  under  this  act  shall 
keep  a  full  record  of  the  work  done  by  them,  in  books  to  be  fur- 
nished them  for  that  purpose  by  the  State  Superintendent  of  Public 
Instruction.  The  Superintendent  of  Public  Instruction  shall  make 
and  publish  an  annual  report  of  the  workings  of  this  act.  Such 
truant  officers  shall  be  under  the  direct  supervision  and  control  of 
the  City  Superintendent  of  Schools  and  shall  report  to  teachers,  prin- 
cipals or  other  persons  as  directed  by  him  and  each  City  Superin- 
tendent of  Schools  shall  compile  and  publish  an  annual  report  of  the 
work  of  the  truant  officer  or  officers  under  this  act. 

§  594.  (§  2978c)  (10)  List  of  Children  of  School  Age  to  be 
Furnished  Each  Principal. — During  the  month  of  August  in  each 
year  the  Superintendent  of  Public  Schools  of  cities  of  the  first,  second, 
third  and  fourth  classes  shall  furnish  or  cause  to  be  furnished  by 
the  truant  officer  or  officers  of  said  city  to  the  principal  of  each 
school  in  their  respective  cities  a  list  of  all  children  between  the 
ages  of  seven  and  sixteen  years  entitled  to  attend  said  school,  in 
such  form  as  may  be  adopted  by  such  superintendent.  Said  list  shall 
be  arranged  in  such  form  as  such  superintendent  may  prescribe,  shall 
contain  the  name  and  age  of  each  child,  the  name  and  address  of 
such  child's  parents,  guardian  or  person  having  the  custody,  control 


236  KENTUCKY   SCHOOL  LAWS   1916. 

or  supervision,  and  such  other  facts  as  may  be  required  by  the  Super- 
tendent  of  Public  Instruction,  or  Superintendent  of  Schools  of  the 
city  of  the  first,  second,  third  and  fourth  classes. 

§  595.  (§  2978c)  (11)  Names  of  Absentees  to  be  Reported  to 
Truant  Officers — Duty  of  Truant  Officers  to  Report  Names  of  Chil- 
dren Not  Attending. — The  principal  of  each  school  in  cities  of  the 
first,  second,  third  and  fourth  classes  shall  report  each  day,  if  pos- 
sible, or  at  such  times  as  he  may  be  directed  by  the  Superintendent 
of  Schools  during  such  period  of  time  as  the  schools  are  in  session 
each  year  in  the  respective  cities,  to  the  Superintendent  of  Public 
Schools  in  the  city  in  which  such  school  is  situated,  or  to  a  truant 
officer,  if  so  directed  by  the  superintendent,  the  name  and  address 
of  each  child  who  has  been  absent  from  school  without  lawful  ex- 
cuse, or  who  is  persistently  truant  from  school,  together  with  the 
name  of  such  child's  parent  or  parents,  guardian  or  persons  having 
the  custody,  control  or  supervision  of  such  child,  and  it  shall  be  the 
duty  of  the  truant  officer  to  whom  such  report  is  made,  immediately 
upon  the  receipt  of  same  to  make  or  cause  to  be  made  an  examina- 
tion into  the  cases  of  absence  or  truancy  contained  in  such  reports 
and  to  take  any  and  all  needed  steps  as  provided  herein  under  the 
statutes  of  this  State,  to  compel  such  child  to  attend  school,  and  in 
cities  where  a  chief  truant  officer  has  been  designated  or  appointed 
such  officer  shall  file  a  written  report  once  each  month  with  the  City 
Superintendent  of  Schools  of  all  the  work  done  by  such  chief  truant 
officer  and  his  assistants  and  in  cities  where  no  chief  truant  officer  is 
designated  each  truant  officer  appointed  shall  file  with  the  City 
Superintendent  of  Schools  each  month  a  written  report  of  his  work 
done  in  the  discharge  of  his  duties  as  set  out  herein. 

§  596.  (§  2978c)  (11)  Parental  or  Truant  Schools. — The  Board 
of  Trustees,  Board  of  Education,  School  Board  or  Board  of  Commis- 
sioners, as  the  case  may  be,  of  any  city  of  the  first  or  second  class, 
are  hereby  authorized  and  empowered  to  equip,  maintain  and  con- 
duct one  or  more  parental  or  truant  schools  for  the  purpose  of  af- 
fording a  place  where  children  of  compulsory  school  age,  and  com- 
ing within  the  provisions  of  this  act,  and  of  the  statutes  of  this 
State,  concerning  neglected,  dependent  and  delinquent  children,  may 
be  detained  for  the  purpose  of  discipline  and  instruction  hereinafter 
provided. 

§  597.  (§  2978c)  (lla)  Location  of  Schools.— Such  school  or 
schools  may  be  located  either  within  or  without  the  corporate  limits 
of  the  city;  provided,  however,  that  such  school  or  schools  shall  not 
be  locate!  outside  of  the  county  in  which  such  city  is  located;  and 
provided,  further,  that  no  such  school  shall  be  located  at  or  near  any 
penal  institution. 

§  598.  (§  2978c(  (lib)  Religious  Instruction  and  Attendance 
Upon  Religious  Service,— No  religious  instruction  shall  be  given  In 


COMPULSORY  ATTENDANCE  AND  TRUANCY  LAW.         237 

such  school  or  schools  except  as  is  allowed  by  law  to  be  given  in 
public  schools,  but  the  Board  of  Trustees,  Board  of  Education,  School 
Board  or  School  Commissioners,  as  the  case  may  be,  shall  make  suit- 
able regulations  so  that  inmates  shall  receive  religious  training  in 
accordance  with  the  belief  of  such  children's  parents  or  guardian, 
either  by  allowing  such  religious  services  to  be  held  in  such  institu- 
tion or  by  arranging  for  the  attendance  of  public  service  elsewhere. 

§  599.  (§  2978c)  (lie)  Child  Committed  to  School  May  be  Re- 
turned  Home  on  Probation. — Any  child  committed  to  such  school,  or 
schools,  upon  an  order  duly  entered  by  the  County  Court,  may  be 
allowed  to  return  home  upon  probation  and  to  remain  while  upon 
probation,  subject  to  the  friendly  visitation  and  supervision  of  a 
probation  officer  of  said  County  Court,  and  subject  at  any  time  to  be 
returned  to  such  school  if  said  child,  in  the  opinion  of  the  County 
Court,  shall  violate  the  terms  and  conditions  of  its  probation.  No 
child  shall  be  released  upon  probation  in  less  than  four  weeks  from 
the  time  of  his  or  her  commitment,  nor  thereafter,  unless  the  court 
shall  be  satisfied  the  said  child,  who  is  probationed,  will  attend 
regularly  some  public  or  private  school  as  herein  provided.  If  any 
child  so  released  upon  probation  shall  be  regular  in  his  or  her  at- 
tendance in  school,  and  his  or  her  conduct  as  a  pupil  shall  be  satis- 
factory for  a  period  of  one  year  from  the  date  upon  which  he  or 
she  was  released  upon  probation,  he  or  she  shall  be  finally  dis- 
charged from  such  parental  or  truant  school,  and  shall  not  be  re- 
committed thereto,  except  in  a  subsequent  proceeding  undertaken 
according  to  the  provisions  of  this  act,  and  to  the  statutes  of  this 
State,  concerning  neglected,  dependent  and  delinquent  children. 

§  600.  (§  2978c)  (lid)  Penalty  For  Violation  of  Conditions  of 
Probation. — Any  child  released  from  said  school  or  schools  upon  pro- 
bation as  herein  provided,  who  shall  violate  the  conditions  of  his  or 
her  probation  any  time  within  one  year  thereafter,  shall,  upon  the 
order  of  the  County  Court,  be  returned  to  such  parental  or  truant 
school,  and  shall  not  again  be  released  upon  probation  within  a  period 
of  three  months  from  the  date  of  such  re-entering;  and  if  such  child 
shall  violate  the  conditions  of  a  second  release  upon  probation  he 
or  she  shall  be  recommitted  to  such  school  and  shall  not  be  released 
therefrom  on  probation  until  he  or  she  shall  have  remained  in  such 
school  one  year. 

§  601.  (§  2978c)  (lie)  Rules  and  Regulations.— The  Board  of 
Trustees,  Board  of  Education,  School  Board,  or  School  Commission- 
ers, as  the  case  may  be,  of  cities  of  the  first  or  second  class,  may 
establish  any  rules  or  regulations  concerning  such  schools  not  In- 
consistent with  this  act  or  the  Constitution  or  laws  of  this  State. 


INDEX 


Page  Section 

Acts— Special  65, 102  144 

Accounts  of  Graded  Schools — Settlement  of 77  170 

Adoption — Text  book  law.     See  "School  Text   Book 

Law"    149-157  369-398 

Agriculture  and   Mechanical  College — Fund  for 1,6 

Appeals — 

Circuit  Court,  to  and  from 27  67(3) 

County  Supt,  from 26  66(1) 

Pupil— Suspension  of 88  190(2) 

School  House — Location  of 49  113(4) 

Superintendent  of  Public  Instruction — to 26  66(1) 

From 14  38 

Auditor — 

Data  for  apportionment  of  school  fund  7-8  14 

Account  of  and  relation  to 7  12 

Distribution  of  8  15 

Certify  railroad  and  bridge  tax 29  72(2) 

Assessment  of  property 58-59,  77  133, 135, 166 

Association — County  teachers'  92  200 

Assistant  Teacher — When  employed 4  4 

Attendance — 

Compulsory  law,   penalty 100-101  213-218 

Daily  under  25%  enrollment,  penalty 52  119(4) 

Attorney  General — Duty  to  advise  Superintendent  of 

Public  Instruction  14  38 

Bill  of  Rights  in  Constitution 3 

Blanks  and  Documents — 

To  be  prepared  and  furnished  by  State   Super- 
intendent      13  34 

Furnished  trustees  by  County   Superintendent....  25  62(2) 

Blind,  Deaf,  Dumb  and  Feeble-Minded—Reports  Con- 
cerning      13  32 

Board — See  County  Board  of  Education,  Examiners. 

Board  of  Examiners — Provisions  as  to  30-31  73-75 

Board    of    Education — County 43  gg 

Books  Furnished   Indigent  Children 21  53 

Books — 

Infidel,  immoral  and  sectarian,  not  to  be  used 5  6 

Adopted  to  be  used  by  teacher,  penalty 88  190 


240 


INDEX 


Page  Section 

Book  Law — (See  school  text  book  law.) 
Bonds  of  Graded  Schools — 

Description    of 74  162 

May  be  issued  by  trustees  to  pay  off  old  debts 

or  to  refund  old  bonds 78  172, 173, 174 

Of  school  like  to  graded  common  school 78          175 

How  signed — p'ass  on  delivery 75          163 

Boundaries — (See  subdistricts,  graded  school.) 
Building    School    Commission — Appointment,    Powers 

and  Duties  105-108  224-237 

Bridge    Tax 27-29           69-72 

Bribery— Subdistrict  trustees,  teachers,  penalty 54  124(2) 

Census  Report  of  School  Children — 

Duty  of  County  Superintendent 19          51 

Of   colored    children,    duty    of    County     Superin- 
tendent     4 95  207 

Census  of  Subdistricts — 

How    taken 40          94 

Rules    governing 53  121 

Biennial,  provisions  concerning  40,41          94(3),94a 

When  used  for  previous  year 8,  41          14,  94a 

Certificates — (See  Teachers,  County  Superintendents.) 

Certificates    30, 31 

After  validation  may  be  revoked  by  Superintend- 
ent   Public    Instruction 82  180 

County 85-86  186 

Foreign,  may  be  validated 82-83,  86  182, 187 

First  class  may  be  validated  in  other  county 83  183 

Grades,  examinations,  subjects,  dates  of  examina- 
tion    80, 81  177 

High  school,  granting  of » 82  179 

In    cities 66  144 (5) 

May  be  granted  to  pupils  of  recognized  institu- 
tions   ...- ~ 82  181 

Life — Twenty   years'    experience * 83  184 

Of  other  States  recognized 82  182 

State— Revocation  of  84  185(4) 

State— Issued  by  State  Board  of  Examiners 83,  84,  85  185 

State — May  be  renewed  or  revoked  84  185(3,4) 

Validated  during  good  behavior 82  180 

Penalty  for  improper  granting 31          75 

Certified  Copies  of  Records — In  Superintendent  Public 

Instruction's  office,  evidence 13          33 


INDEX 


241 


Page  Section 

Children    May   Attend   Adjoining    District.... 36  89 

No  toll  can  be  collected  from 49  113(6) 

Child   Labor  Law  158-166  399-415 

Employment  certificate  for  159-160  401-403 

Officers'  duty 161  406 

Violation,   penalty 165  414 

Chairman  of  Division   Board  to   Report 44  102 

Cities  and  Towns — See  municipalities. 

City,   Town   or   Village — When   deemed   one   district, 

Trustee  duty,  penalty  36  90 

Commonwealth's  Attorney — Duties  14,16  39,45 

Commission — Building  schools  105-108  224-237 

Compulsory  Attendance  100-101  213-218 

Common  School   Defined  4  2 

Who  may  attend  4  2 

Diploma,  examination  for,  fee  5  7 

Kind  of  books  to  be  used  in 5  6 

Common  Schools. 
Pupils — 

Completing  course  5  7 

May  be  suspended  or  expelled  from 4-5  5 

Who  entitled  to  attend  4  2 

Day,  month,  year  defined  4  3,  4 

Uniform  system  to  be  maintained 4  1 

Colored  Graded  Schools — Establishment  of  64-65  142 

Colored   Schools  95,  96  206,  209 

Colored  Person  Not  to  Attend  or  Teach  White  School — 

Penalty  for  96  210 

Colored  Visitors — Election  of,  duties 46  107 

Colored  Schools — Right  to   special  taxes 28  71 

Common  School  Funds — 

Distribution   2 

Investments,  inviolate  1 

Money  received  from  United  States 2 

Races  to  share  equally 2 

Surplus    due   counties    2 

Common  school  provided  for  1 

Clerks — (See  Superintendent  of  Public  Instruction.) 

Condemnation  of  Real  State  for  Site  43  97(3) 

Contracts — 

Teachers'  41-42  95 

Between  teacher  and  division  board  52  117               i 

With  teachers  to  be  recorded 48  112(2) 

Conscience — Freedom  of  in  education 3  5 

Consolidation  of  Subdistrjcts  ......:v:,, 33  80 


242 


INDEX 


Page  Section 

Consolidated  Schools  Have  One  Trustee 34  81 

Consolidation  of  Subdistrict — 

Local  expense  in  .-••       : 35  85 

Location  of  school  house  33-34  80 

Teacher  how  elected  34  82 

Taxes,  notice  of  vote  34  84 

Transportation   in 34,  35  84,  85,  86 

Trustees  in — duty  34  81,  83 

Consolidation  With  Graded  Schools 67  145 

Collectors  in  Graded  Districts — Must  give  bond 77  171 

County   Attorney— Duty  13, 14,16  36,  39,  45 

County  Clerk — 

Bond  of  County  Superintendent  filled  with 18  49 

Forward  settlement  of  County  Superintendent 27  68 

Furnish  boundary  of  district  to  railroad  or  bridge 

company,    penalty 27  69 

Duty  of — Graded   School   Elections — Duty 63  138 

Ineligible  to  hold  office  of  County  Superintendent  17  47 

Affidavits  of  board  of  examiners — To  file  30  73(3) 

Census  report  of  subdistrict  trustees  to  file— Pen- 
alty    53  121(1) 

County  Clerk  or  Judge  to  Certify  Census— Duty 19  51 

County  Judge — 

Duty  of  as  to  books  for  indigent  children 21  53 

County  Superintendent,  to  settle  with 23,  27  57,  68 

With  County  Attorney  and  Superintendent  to  es- 
tablish boundary  school  district 32  77 

Petition  to — For  graded  school  districts 61-64  136-141 

Vacancy  in  County  Superintendent  Office — Duty 

concerning   26  67 

County   Board   of  Examiners 30 

Appointment — qualifications — oath   30  73 

(  73-75 

Granting  certificates,  duty  as  to....                  ....30,  31,  80-86    j  m.^ 

Penalty  for  improper  granting  certificates 31  75 

County  Board  of  Education — 

To  approved  petition  for  graded  schools 61-62  136-136C 

Condemnation  of  school  property,  notice  to 20  52(1) 

Boundary,  establishing  or  changing 32,  33,  34  77,  78,  79 

Boundaries,  adjoining  counties  33  79 

Compensation   44  101(3) 

Consolidation  of  subdistricts,  duty  concerning 34-35  84-86 

Corporation — A  44  99 

Duties  as  to  State  fund  and  salary  schedule 46  104 

May  dismiss  and  employ  teachers 52-53  119(4) 


INDEX 


243 


County  Board  of  Education — Continued —  Page            Section 

Employ  supervisor  45  103 

High  school,  establish 97-99  201-212 

Meetings — salary   , 44  101 

Seminary  property,  may  acquire 50  114 

Pay   expense  of  County  Superintendent  and   su- 
pervisor    45  103(2) 

Powers  as  to  buildings,  repairs,  gifts,  etc 43          97 

Powers  and  duties  as  to  securing  sites,  erecting 
and      locating      school      houses,      furniture, 

etc 48,  49,  50  113, 113a 

Recover  damage  to  school  property 48-49  113(2) 

School  tax,  duty  concerning 56  129 

Sheriff,  to  report  to  59-60  135(7) 

Vacancy  in  subdistrict  as  to  trustee,  duty 39          93 

Who  shall  compose  43          96 

County   High  Schools 97-99  211-212 

County   District  Library  93-94  202-205 

County  Teachers'  Library — Where  located 19           50 

Constitution — Educational  provisions  1-3 

County  to  Compose   Single   District 32           76 

County  Superintendent — 

Agent  for  text  book,  penalty  for  acting  as 25          64 

Annual  Report — Penalty  for  failure 24          58 

Appeals  from  decisions  of 14,  26          38,  66 

Assistants   in   office 19          50 

Attendance   at  office 25          63 

Approve  plans  of  school  houses  51  116 

Approve  petition  for  graded  schools 61,  63,  64  136, 137, 141 

Appoint  county  board  of  examiners 30          73 

Blanks    furnished    by    Superintendent    of    Public 

Instruction  ^ 87  189 

Buying  teachers'  claims,   penalty 25          64 

Books  for  indigent  children,  duty  as  to 21          53 

Bond  to  be  executed 18          49 

Census— Illiterates   40          94(4) 

Census  report,  duty  19-20          51 

Census   report   to    Superintendent   of   Public   In- 
struction   40           94(5) 

Cases  of  controverted  right  to  office  of 18          48(3) 

Certificate  of  qualification,  examination — fee  for  12, 17          28,  46 
Certificate   to   teachers,    penalty     for     improper 

granting — oath  of  applicant  for 30,  31           74,  75 

Certificates — State  and  county  83-85  185, 186 

Condemnation  school  houses  and  property 20          52(1) 

Conform  to  rules  of  Superintendent  of  Public  In- 
struction     26  66(2) 


244 


INDEX 


County  Superintendent — Continued —  Page            Section 

Chairman  Board  of  Education 43          96 

Children   from    one   district   to    another— Notice, 

duty  concerning  36           89(2) 

County  judge  and  attorney,  duty  as  to  school  dis- 
trict    32           77(3) 

Decisions— Official  26           6G 

Deliver  successor  money,  books,  etc.,  penalty  for 

failure  27           68 

Devise,  gift  or  donation  to  county 24-25          60 

Duty  to  pay  teachers  22          55 

Duty  to  report  additional  facts 21          54 

Duty  to  return  money  not  paid  out  to  treasurer....  23          57 

Election,  term  17, 18          46,  48 

Enforce  rules  of  State  Board  of  Education 10          23 

Errors  in  census — responsibility  for 19          51(1) 

Estimate  of  school  fund,  by  whom  furnished 7-8          14 

Expenses  may  be  paid  by  County  Board 45  103(2) 

Examination  questions,  duty  as   to 80  177 

Examination  Questions — Improper  use  of,  penalty  30-31          74 
Exception   concerning   in   counties   having   cities 

of  first  class  17          46(3) 

False   report,   penalty   for  making 23          56 

Funds — Pro  rata  paid    to    treasurer    of    graded 

schools   71  158 

Furnish  railroad  or  bridge  company  boundary  of 

district  27-28          69 

Taxes  paid  to  28          70 

Furnish  teachers  with  register 86-87  188(1) 

Furnish  blanks  to  trustees  25          62(2) 

Institutes — Notice  of  time  and  place  of  meeting..  91  197 

Organization  and  holding  of 89  191 

Must  attend  91  196(1) 

Penalty  for  failure  to  hold  89  191(4) 

Publication  of  proceedings   91  196(3) 

Report  to  Superintendent  of  Public  Instruc- 
tion    92  201 

Selecting  places  for  holding  90,  91  195, 197 

Teacher — certificate  of  attendance  90  194(7) 

Issue  employment  certificate  159-160  401-403 

Keep  record  of  boundary  of  subdistricts 35-36  88 

Keep  record  of  Board  of  Education 44  100 

Keep  records  of  official  acts — inspection  of 24  59 

Local   tax,    duty   concerning 58-59  131, 134, 135 

Locating  school  house,  appeal  to 49  113(4) 


INDEX 


245 


County  Superintendent — Continued —  Page            Section 

Library   committee— chairman   of 93  203 

Malfeasance  in  office — removal  for 27  67(3) 

Member  of  division  board 39  93 

Misdemeanor,  for  failure  to  make  reports 24  58 

Member  of  Division  Board  of  Education 39  93 

Notice   to   districts 25          62(3) 

Oath  to  trustees — may  administer 25          61,  62 

May  remove  trustee  for  neglect  of  duty  or  mal- 
feasance     54  125 

Orders  of,  served  by  sheriff,  constable,  etc 54  125 

Official  record  of  24  59 

May  pay  teachers  for  fractional  month _...  87  189(3) 

Pay  treasurer  graded  school 71-72  158 

Penalty  for  failure  to  pay  money  out 23  57(4) 

Penalty  for  fraudulent  report...,. 23  56 

Power  to  decide  certain  questions 26  66 

Presence  in  office,  when,  penalty 24  58(2) 

Railroad  tax— duty  concerning  27-29          69-72 

Receive  school  fund,  when 8,  9  15, 17 

Record  name  of  trustees,  etc 25  62(2) 

Remove  trustee  or  teacher — when — notice 26  65 

Remove  subdistrict  trustee,  appeal  from 54-55  125 

Recognize  trustee,  when  47  110 

Report  of  graded  school  to 70  154 

Report  of  subdistrict  trustee  to 54  122 

Salary  of  19  50 

Settlement,  duty,  penalty  23,24,27  57,58,68 

State   certificate   duty  84  185(2-5) 

Supervisor  of  rural  schools — duties 44  103 

Teachers'   association   * 92  200,  201 

Trustees,  record  of  to  keep 25  62 

Treasurer  of  the  County  Board  of  Education 56  129  (2,  3) 

Vacancy  in  division  board,  duty  concerning 39  93 

Vacancy  in  office,  how  filled 26-27  67 

Visit   schools,   duty   concerning 19,  20  50,  52 

Who  may  not  hold  office  of - 17-18  47 

Court — See  fiscal  court. 

Court  of  Appeals — Abstracts  of  decisions  to  be  pub- 
lished     13  37 

Course  of  Study  in  Graded  Schools 69  152 

Course  of  Study — Who  prepare  and  what  embrace..  10  24 

Debts — Payment  of  old 43  98 

Delinquent  Tax — How  collected  59-60  135(7) 

Devises  and  Gifts  to  Schools — See  donations,  etc. 

Disease — Suspension   of  school   for  63  120 


246 


INDEX 


Page 


Section 


Districts — See    school    districts;    graded    school    dis- 
tricts     „ 32 

Districts — Boundary    to    be     furnished     railroad     or 

bridge    company    27  69 

Districts— Graded,  not  affected  by  county  district  law  32  77(4) 

District    Library— County  93-94  202-205 

District   Trustees   38 

Districts — 

Adjoining  pupils  may  attend  either  school 36  89 

Change  in  boundary  provided  for 35  87 

Composed  of  city,  town  or  village 36  90 

Consolidated — How    teachers   are    elected 34  82 

Governed  by  local  or  special  laws „. 36  91 

Record  of  boundary  kept  „ 35  88 

School,  may  be  established  33  78 

Taxation,  levy,  collection,  to  whom  paid 59,  60  135 

Taxation    - „ 56 

Diplomas — teachers'   State — granted  and  effect — 

fee    „ 81,  82  178 

Division  board — See  schools. 

Division  Board — Chairman  sign  contract  of  teacher....  42  95(5) 

Division  Board  of  Education — 

Boundaries,   change  in   22  77 

Contract  with  teacher — when  ..._ 41,  42  95 

Officers  of — organization  .-. 39  93 

May  employ  assistant  teacher 4  4 

May  levy  local  tax,  duty 59  135 

Subdistrict  trustee  report  to  » 40  94(1) 

Vacancy  in,  how  filled „ 39  93 

Donation — Gift  or  devise,  misappropriation,  penalty..  50  113a(5) 

To  colored  schools  95  206 

To  school  fund  of  Kentucky  14,15  39 

County    _ _ 25  60 

To  subdistrict  49-50  113 

Dog  Tax  - ~ 9  17 

Education — See  State  Board  of. 

Educational  Provisions  of  the  Constitution 1 

Exceptions  in  favor  of  school  election 2 

Elections — See     school    elections,     graded     common 
schools. 

Elections  for  local   tax 57-60  130-135 

Elections  of  subdistrict  trustee — Concerning _  38,47  92,108 

Election   Officers — penalty  for  fraud 47  109 

Election  for   bond    issue „ 73  160 

Emergency  schools  33  77 


INDEX 


247 


Page  Section 

Epidemics — Dangerous    in    subdistrict 53  120 

Examiners — See  county  board  of,  State  board  of. 

C       7Q  VP\ 

Examinations — For   certificates   30-31,80-86  < - 

(  177-lob 

For  common  school  diploma,  when  held 5  7 

F'or  giving  aid,  penalty 31  75(4) 

How  questions  are  prepared  ~ 12  28 

Questions,  penalty  for  selling,  etc 31  75 

Facts — Additional  to  be  reported  by  County  Super- 
intendent and  trustees  21  54 

Fiscal  Court — 

Fix  salary  of  County   Superintendent 19  50 

Furnish  office  for  County  Superintendent 19  50 

Sheep  claims,  duty  concerning  9  17 

Forbidden   publications  5  6 

Free   toll    on   pikes 48-49  113(6) 

Funds  not  paid  out — Disposition  of  23  57 

General  provisions  of  the  school   law 4 

Gifts — See  donations,  etc. 

Graded  common  schools  61 

Graded  Districts — 

Boundary — election  to  establish— tax  61  136-7 

Boundary   decreased   or  increased 62  136a 

Bond  election,  notice,  purpose,   sale 73-78  160-175 

By-laws  of  69  151 

Chairman,  election,  duty  70  154 

Cities  accepting  provisions  of.... - 65-66  144 

Collector,   appointment,   duty  77-78  171 

Consolidation  in  67  145 

Colored — established    64-65  142 

Composed  of  parts  of  two  counties 63  137 

County  Superintendent  may  withhold  funds  until 

reports  are  made 72  158 

District  a  corporation  - „ 67  146 

Duty  of  county  clerk  63  138 

Election  officers,  appointment,  duty 61,64,72-73  f-cJ,tfA' 

(  159,  IbO 

Free  tuition  resident  white  children 70  155 

High  school  62  136b 

How  to  become  part  of  county  school  systeirv._.  62  136c 

Heretofore  established,  law  concerning 65  143 

In  cities   of   the   first,   second,  third   and  fourth 

classes    , 65-6  144 

Secretary  of  board  must  report  to  the  Superin- 
tendent of  Public  Instruction  „...  70  153 


248 


INDEX 


Page  Section 

Graded  Schools — 

In  cities  of  the  fifth  and  sixth  classes 65  143 

Grounds  and  buildings  to  be  provided  for — bonds 

may  be  issued — limit  and  sale 73  160 

Old  debt  of— how  paid  78,  79  172-176 

Pupils  not  less  one  hundred  in  district 61  136 

Pupils  not  residents  of  district 71  156 

President  and  secretary — election,  duty 70,  77  153, 154, 170 

Principal  and  teacher  69,  70  152 

Property  assessment  77  166 

Report  to  County   Superintendent  70  152 

Sheriff,  duty  of  concerning  64  139 

Taxes  in  graded  schools  64,  73-79  141, 160-176 

When  levied  , 77  169 

Teachers  keep  register  in  69  152 

Trustees'  election — divided  into  classes  67-8  146, 147 

Trustees — election  officers — duty  64,  72  141, 159 

Trustees  in,  duty  of  67-70  146-154 

Oath  cf  _ 69  150 

Powers  of  68  148 

Trustees,  vacancy  in  office— how  filled 69  149 

Treasurer,  bond,  compensation,  duties  71  157 

Treasurer  entitled  to  pro  rata  of  school  fund 71  158 

Sinking  fund  76  165(2) 

Tuition    „ 70-71  155, 156 

Two  counties  in  ~ 63  137 

Higher  branches  may  be  taught  in  common  schools  88  190(3) 

High  School- 
In  adjacent  counties  D9  212(5) 

Certificates   82  179 

County   _ 97-99  211-212 

Graded  schools  to  maintain  62  136b 

Houses— See  School  Houses. 

School  house  plans  to  be  approved   by   County 

Superintendent  51  116 

Holidays — Teachers  entitled  4            4 

Indigent   Children — Books   for   21,52           53,118 

Illiteracy  commission — 

Appointment  of  146  362 

Appropriation  for   _ 147, 143  368 

Body  corporate   ^ 146  363 

Duty    of    147  365,366 

Expenses  to  be  paid  147  367 

Illiterates — Census   of   40          94 

Infectious   or   contagious   disease — Provisions    for....  53  120 


INDEX 


249 


Page 


Section 


Institute — 

Teachers' 89 

Colored   95  208 

County  Superintendent  must  attend— publication 

of  proceedings   91  195 

Fee  paid  by  teachers  91  196 

Instructors  may  be  employed   89  192 

Joint  institutes  may  be  held 90  195 

Notice  to  teachers  of  time  and  place  of  meeting  91  197 

Holding— penalty  for  failure — organization  89  191 

Report  to  Superintendent  of  Public  Instruction....  92  201 
Teachers  must  attend,  duty  County  Superintend- 
ent, excuse,  penalty  , 89-90  194 

Inspectors — State — Assistants   must  give   bond 15          41 

Insurance  of  school   property 51  115(3) 

Judge — See  county  judge. 

Joint  High  School — Adjacent  Counties 99  212(5) 

Justice  of  the   Peace — May  administer  oath   to   sub- 
district  trustee  25          62(1) 

Labor  Laws — See  child  labor  law. 

Land — Condemnation  for  school  site  43          97(3) 

Laws — School  laws,  edited  and  distributed 13          35,  37 

Law — Compulsory   attendance 100-101  213-218 

Law  relative  to  cities,  towns  or  villages 36-37          91 

Library — 

County   teachers   19          50 

County  and  district  93,94  202-205 

Libraries— Who  to  prepare  list  of  books  for  and  rules 

and  regulations 10          23 

Legislation — Local  and  special  3 

Local  Expenses— In  consolidated  districts,  denned 35          85 

Local   schools  - 102-103  219-219a 

Local  Laws — General  do  not  affect  36-37          91 

Local  Taxation — Laws  relating  to  57  130 

Local  Tax — 

County  board  may  borrow  money  on 58  131 

County  Superintendent  furnish  sheriff  boundary..  58  132(3) 
Election   every   year — tax   may   be    voted    every 

three  years— question  asked  voters — returns  58  131-132 

How  expended 58  131 

Levy  and  collection  59  135 

Sheriff,  duties  and  powers  59  135 

Magistrate — May  administer  oath  to  subdistrict  trus- 
tees   .                           25          62(1) 


250 


INDEX 


Page  Section 

Malfeasance  or   Misfeasance   in   Office   of  Subdistrict 

Trustee — Penalty  54  125 

Municipalities — 

Graded  school  in  65,  66  144 

Payment  of  teachers  in  22          55 

Rates  of  taxation  in  2,  3 

Treasurer,  duty  in  -..          22          55 

Cities,  First  Class — 

Board  of  Education  167  416,417 

Appropriation  of  money  ,. 178  454 

Bonds  179-180  456 

Business  directory  172, 173  431 

Census,  duty  as  to  177-178  450 

Compulsory  attendance   and   truancy  laws 232-237  585-599 

Contracts  of  173-174  434 

Depositories,  selections  175  437 

Kindergartens,  to  maintain  177  445 

Janitor  and  engineer  173  433 

Officers 170, 171, 174-175  425,  429,  436 

Parental  home  and  school  commission 187-188  475-479 

Pupils  admitted  beyond  city  177  449 

Rules  and  by-laws,  adoption  171, 185  428,  467 

Separate  schools,  white  and  colored  177  446 

Supplies,   advertisement  for 174  435 

Superintendent,  employment  of  171-172  430 

Tax  levy 175-176  440 

Teachers'  annuity  fund  180-186  457-473 

Cities  of  Second  Class — 
Board  of  Education — 

Annuity  fund  of  teachers  207-212  520-527 

Business    directory    198-201  492-495 

Employes  199  495 

Contracts  199 

Compulsory  attendance  and  truancy  law 232-237  585-599 

Funds  201-204,  208  500-506,  521 

Kindergartens  205  510 

Land  escheat  204  507 

Pupils   206  514 

School  for  colored  children  205-206  511 

Superintendent,  employment  197-198  492 

Taxes  203-205  504-508 

Teachers  206  512 

Cities  of  the  Third  Class— 

Board  of  Education  213-217  530-547 

Compulsory  attendance  and  trulancy  law  232-237  585-599 


INDEX 


251 


Municipalities — Continued —  Page  Section 

Funds   214  532 

Library 216  546 

Non-resident  pupils  „ 217  547 

Officers  and  teachers  214  533 

Text  books  214  535 

Separate   school,   white   and   colored 215  538 

Cities  of  the  Fourth  Class — 

Board  of  Education  218-231  549-583 

Boundary,  extension  of  230-231  582 

Census 230  576 

Commission  form  of  government  231  584 

Compulsory  attendance  law   232-237  585-599 

Employ    Superintendent   < 223-224  562 

Employ  secretary  .- 224-225  563 

Establish  high  school 227  569 

Kindergarten    229  573 

Separate  schools,  white  and  colored  229  574 

Tax   226-229  568-572 

Vacancy    223  559 

New  Counties — Entitled  to  school  fund  8  14 

Normal  School — See  State  Normal. 

Normal    Institute — Instructors    may    be    employed — 

how   paid   91  198 

Notices  of  County  Superintendent — 

Who  serves  54-55  125 

For  local  tax  levy  57-60  130-135 

Oath  administered  to  trustees  25  61,  62 

To  be  taken  by  applicants  for  certificates 30  74 

Officers,  Truant  161  406 

Parents  send  child  to  school  100-101  213-218 

Payment  of  teachers  22  55 

Per  capita  based  on  biennial  census 41  94a 

When  and  how  declared  7-8  14 

When  $4.75,  $5.35  effect  9  16 

Petition  to  extend  boundary  of  graded  school 62  136a 

Private  school  in  school  house — When  52  117(3) 

Property  held  and   disposed   of  for   benefit  of  school  10  19 
Provisions    of    Section    160 — Relating    to    bond    issue 

applies  to  all  graded  districts 75  164 

Pupils  attend    Normal   Schools  115  262 

Completing  course  of  study,  certificates  granted  to  5  7 

From  infected  families  may  not  attend 53  120 

May  attend  district  most  convenient  36  89  - 

May  be  suspended  or  expelled  4,52  5,119(3) 

Must  comply  with  rules  4  5 

Transportation  of  67  145(2) 


252 


INDEX 


Page  Section 

Questions,   Examination — Improper  use,  penalty 31  75 

Questions  to  be  asked  voter  for  local  tax 58  132(1) 

Railroad  and   bridge  tax 27-29  69-72 

Real   Estate — Condemnation  for  school  purposes 43  97(3) 

Receipts  and  Disbursements  of  County  School  Fund — 

By  whom  kept  44  100 

Receipt  for  record   book  given   by  trustee  48  112 

Record   book  furnished   subdistrict  trustee — Facts  to 

be  recorded  in  , 48  112 

Records — 

Copies    in    Superintendent    Public    Instruction's 

office— evidence  13  33 

Kept  by  teachers  86-87  1S8 

Of  County  Superintendent     to     be     reported    to 

County  Board  of  Education  and  fiscal  court  44  100 

Of  County  Superintendent  to  be  inspected 24  59 

Report — 

Annual  of  County  Superintendent  24  58 

By  teachers,  etc  - 87  189 

Graded  school  must  be  made  by  principal  and 

chairman 70  152 

Salary  of  Teachers — 

How    fixed    46  105(2) 

Schedule  must  be  prepared  46  104 

Schedule  reported  to  State  Board  of  Education....  46  106 

School  attendance  4  4,  5 

Schools — See  common  school  teachers. 

Buildings  and  repairs  43  97 

Constitutional  provisions  1-3 

Colored   - 95  206-209 

Colored,  separate  - 96  210 

Day,  daily  session,  month,  year 4  3,  4 

District,  what   constitutes   32  76 

Divided  into  educational  divisions  32  77(3) 

Elections,  constitution  does  not  apply  2 

Elections  for  subdistrict  trustees  38  92 

Fraud  in  elections,  penalty  for _ 47  109 

Rate  of  taxation  _ 2 

Regulated  by  General  Assembly  2 

School  fund — 

Auditor,    duty    7-9  14-15 

Amount  to  be  distributed  7  13 

Benefit  for  the  A.  and  M.  College  ...  1,6  9(6) 

Can  not  be  used  except  by  common  schools 1 

Cannot  be  used  for  other  purposes  2,  7  11 


INDEX 


253 


School   Fund  —  Continued  — 

Difference  estimated  and  what  used  ..............  ,.  ....... 

Distribution,  how,  when  .................................  ,  ............ 

Due  several  counties  .............  .  ...................................... 

Each   county   entitled    .................................................. 

Fees  and  expenses  not  paid  out  of  ........................ 

Gifts  or  devises  to  ...................  .,  ........................  ............ 

Inspected  by  .................................................................... 

Invested,  by  whom  ........................................................ 

Misappropriation   ............................................................ 

Net  revenues  to  be  distributed  ................................ 

New   counties   established   .......................................... 

No  distinction  between  white  and  colored  .........  ~. 

Not  called  for  .................................................................. 

Not  to  be  used  for  any  other  purposes  .................. 

Received  from  United  States  —  Bond  for  .............. 

Superintendent  Public  Instruction  —  duty  concern- 

ing ............................................................................... 

Surplus  due  each  county  ............................................ 

To  benefit  by  suit  recovered  from  County  Super- 

intendent for  false  reports  ................................ 

To  pay  teachers  ............................................  .  ............... 

School  furniture  ...................................................................... 

School  house  — 

Condemnation  of  .............  „  .............................................. 

And  furniture,  insured  ........  .  ........................................ 

Furniture   for  .................................................................. 

In  consolid'ated  district  ................................................ 

Location  —  appeals   .......................................................... 

May  be  used  for  public  gatherings  ........................ 

Plans  approved  by  County  Superintendent  of  ........ 

Property  of  County  Board,  duty  concerning  .......... 

Private   school  in  .......................................................... 

Road    to    ............................................................................ 

Size,  value  of  .................................................................. 

Site  and  purchase  of  .................................................... 

Title  to  property  of  ..................................................... 

Value    of    .......................................................................... 

Who  may  use,  when  ...................................................... 

School  laws  edited—  Distribution  ...................................... 

School  property  —  See  State  Board  of  Education. 
School    property  —  Recover  for  damages   ........................ 

School  suffrage  for  women  ................................................ 

School  term  —  When  extended  .. 


Page 
8 

8-9,46 

2,  8 

2 

7 

14 

16 

1-2 

13 

7 

8 

2 

2 

7 

2 

7-8 
8 

23 

7 

51 

20 
51 
51 

33-34 

49 

5 

51-52 
43 
52 
49 
51 
48 
47 
51 
5 

13 


48-49 

104 

9 


Section 
14 

15,16,104 
9 

13 
39 
43,  45 

36 
13 
14 


10 


14 
14 

56 
11 

115 

52 

115(3) 
115 

80 
113(4-5) 

8 
116 

97 

117(3) 
113(5,6) 
115 
113 
111 
115 
8 

35,37 

113(2) 
221-223 
16 


254 


INDEX 


School  text  book  law-  Section 

Adoption    149-150  372-376 

Bond  of  publishers 156  395 

Cities  exempt  150-151  376 

Commission  of  149-150,154-156 

Dealer  to  be  appointed  ~  151-152  382 

Money  for  campaign  fund,  penalty  155-156  391 

Oath  of  publisher  155  389 

Penalties  155,156  387-390-3 

Price  list  152-153  383,  384 

Sale  of  inferior  books,  penalty  154  387 

Supplementary  books  153  385 

Sectarian,  infidel — Immoral  books  or  teaching  is  pro- 
hibited                5  6 

Seminary  property  may  be  acquired  50-51  114 

Seminaries    z 103  220 

Separate  Schools— White  and  colored  96  210 

Seven  Months'  School  Term — When  9  16 

Sheep  Claims  9  17 

Sheriff— Collect  School  tax  56-60  129-135 

Duty  in  graded  school  61-64  136-139 

Sites— Condemnation  for 43  97(3) 

Special    Legislation   3 

State  Board  of  Education — 

Acts  of,  duty,  body  politic 10  22 

By-laws  and  regulations  of  10  23 

Chairman  custodian  of  property  10  19 

Course  of  study,  prescribed  by  10  24 

Corporate  acts  attested  by  chairman  10 

Issue  high  school  certificates  179 

Meeting,  how  called,  quorum  10  20,  21 

Members  of  10  18 

Powers  and  duties  10  23 

Rules  and  regulations,  printing  of 13  37 

Report  to  by  inspector  16  45 

May  grant  certificates  of  other  institutions,  vali- 
date certificate  of  other  States  82  179-183 

State    Board   of    Examiners — 

Appointment  of  12 

Certificate— State,  granting  of  ..                                     83-84  185 
Diplomas — State    examinations,    fees,    when    and 

where  held  81-82  178 

Life  certificates  83  184 

Prepare  questions  5, 80  7, 177 


INDEX 


255 


Page 

State  certificates,  diplomas  —  For  examinations, 

County  Superintendent,  examinations  for 12,  81,  83 

State  fund — Distribution  by  County  Board  of  Educa- 
tion    46 

Stenographers — See  Superintendent  Public  Instruc- 
tion. 

State  Normal  School — See  State  Normal  School, 
colored  persons — 


Section 
28, 178, 185 
104 


Appropriation  for 116-123 


Board  of  regents  109-117 


265-266, 
269-285 
240-247, 
251-255, 
^  257-260,  267 

Certificates  conferred  Ill,  112  "    251 

Debts   114,115  260 

Location  115,116  264 

Normal  executive  council  Ill  248,  250 

Object 109  239 

Number 109  238 

President,  treasurer  and  secretary  113, 114  257-259 

Pupils  entitled  free  tuition,  each  county  entitled 

to   115  262 

State  Normal  School  for  Colored  Persons — 

Agriculture  and  mechanics,  fund  for  124-125  291 

Appropriation   for   125-128  297-300-306 

Certificates  and  diplomas  126  298 

Name — President  of  126  299 

Pupils   125  293 

Trustees    124-125  290,  292 

Subdistrict — See  consolidation,  subdistrict  trustee — 

Adjoining  counties  33  79 

Boundary  20,  32,  33  51(2)  76-79 

Boundary,  change  or  new  created  33,  35  78,  79,  87-88 

Census  19, 20  51 

Children  may  attend  adjoining  36  89 

Election,  where  no  school  house  47  108 

Indigent  children  in  21,  52  53, 118 

Name — number  35  87 

Not  to  contain  fewer  than  fifty  children,  except 

case  of  emergency  33  77(5) 

Record  of  boundary  35  88 

School— how  laid  off  32  77 

Tax — how,  when  and  purpose  of  levy  57-60  130-135 

Subdistrict  trustee — See  consolidation — 

Adjoining  counties   ..                                                             33  79 


256 


INDEX 


Subdistrict  Trustee — Continued —  Page  Section 

Buying  teacher  claims,  penalty  54  124 

Census  to  take,  penalty  20-53-54  51(4)  121 

Certificate  for  teacher's  pay — sign  22,52  55,117(2) 

Change  of  boundary,  when — notice  of  35  87(2) 

Controverted  right  to  office  47  110 

Contract,  interested  in,  penalty  34  83 

Compensation— duty  40-41  94-94a 

Deliver  successor  books,  penalty  55  127 

Disease  in  district,  duty  53  120 

Dismiss  teacher— when  52,53  119(4) 

Duty  as  to  local  tax  56-60  129-135 

Election,  officers  of,  fraud— penalty 38,47  92 (6),  108 

Penalty  for  failure  to  do  duty  55  126 

Persons  applying  for  use  of  school  house,  duty....  5            8 

Qualifications   38  92(4) 

Receiving  money  from  teacher,  penalty 54  124 

Record  book  furnished,  duty 48  112 

Report  additional  facts,  when 21  54 

Report  to  County  Superintendent 54  122 

Sign  teacher's  report,  penalty  for  failure 54  123 

Supervision,  duty  and  powers  52  119 

Suspended  by  County  Superintendent  26  65 

Suspended  pupil,  duty  concerning  88  190(2) 

Vacancy  in  office,  how  filled  39  93 

Visit  parent  and  school,  indigent  children,  duty....  52  118 

Subjects  of  instruction  in  institute  91  199 

Superintendent — See   County   Superintendent,   School 
fund. 

Superintendent  of  Public  Instruction — 

Accounts — Settlement — Change    in    office,    County 

Superintendent  12  30 

Access  to  records  16  43 

Act  as  special  inspector  and  examiner  of  schools, 

assistants,  compensation,  power  15  41 

Advice  of  attorney  general  to  14  38 

Appeals  to  14,  26  38,  66 

Approve  county  diploma  5            7 

Biennially  report,  distribution,  printing  of,  what 

contain  12,41  31, 94a(2) 

Blanks  furnished  County  Superintendent,  penalty 

for  failure  30  74 

Bond— oath— term  -.11, 15, 16  25,  41 

Certificate,  prepare  form  for 5            7 

State  Board  of  Education,  chairman 10  20 


INDEX 


257 


Superintendent   of   Public   Instruction — Continued —  Page  Section 
Changes  in  office  of  County  Superintendent,  fur- 
nished to  auditor  12  30 

Clerks  and  stenographers  in  office — duties — sal- 
ary    11  26 

Contested  election     of     County     Superintendent, 

duty  18  48(3) 

Copies  and  records  in  office,  evidence  13  33 

County  Superintendent,  settle  with  23  56,  57 

Report  census  to  40  94(5) 

Deliver  books  and  papers  to  successor 15  40 

Devote  entire  time  to  duties  of  office 12  29 

Distribute  school  fund — when  8-9  15 

Donation,  gift  to  school  fund  of  Kentucky,  duty  14  39 

Duty  10-16  18-45 

Duty  as  to  census  40  94 

Year  census  not  taken  41  94a 

Entitled  to  office  supplies 11  26 

Expenses  not  to  exceed  11-12  27 

Facts,  additional  reported  to  21  54 

Furnish   blanks,   etc 12,  87  31, 189 

Furnish  subdistrict  record  book  48  112 

Furnish  teachers  register  86-87  188 

Issue  process  for  witnesses,  duty  of  officers,  pen- 
alty    16  44 

Keep  orders  drawn  on  auditor 12  30 

Office  where  kept  12  29 

Power  to  inspect  funds  and  management 16  43 

Printing  rules  and  regulations  of  State  Board  of 

Education  13  37 

Report  local  tax  to  59  134 

Report  misconduct  of  officers  to  county  or  Com- 
monwealth attorney  16  45 

Report  neglect  of  duty  of  certain  officers  13  36 

Report  of  secretary  of  municipalities  to 70  153 

Rules  for  County  Superintendent 26  66(2) 

Salary    11, 15  26,  41 

School  law  edited  and  distributed 13  35,  37 

Teachers'  institute,  duty  concerning  89-90  194 

Validate  and  revoke  high  school  certificates 82  179-181 

Visit  schools  11-12  27 

Supervision   by  County  Superintendent 20,21  52 

Supervisor — Employment,  expenses,  salary  44-45  103 

Tax — See  district  taxation. 

Tax  against  railroad  or  bridge  company — 

To  whom  paid  28  70 

Apportioned  between  white  and  colored  schools  28  71,  72 


258 


INDEX 


Page  Section 
Tax — 

Annual  to  be  levied  in  graded  districts,  how 75  165 

Delinquent  - 59-60  135(6-7) 

Dog,  part  of  school  fund  9  17 

In   consolidated   district,   for   what   used,   notice, 

vote  when  submitted  34  84 

In  graded  schools,  duties  of  County  Superintend-  f  136, 141, 

ent  and  trustees  61,64,67  |l45(3) 

Levied  by  fiscal  court,  collector,  how  expended....  56  129 
Levied  annually  in  graded  schools  to  pay  inter- 
est on  bonds  and  to  provide  sinking  fund 74  161 

Municipal — rate — amount — indebtedness  2 

Special  25c  levy  in  graded  schools  76  165a 

Assessment  and  collector  of  77  168 

Election  held  every  two  years  77  107 

Pay  interest  on  bonds  when  levied 77  169 

Taxation— Local— Laws  57  130 

Rate  of  2,  3,  56,  59  129, 135 

Teachers — 

Actual  work  4  2,  4 

Admission  to  University  134-135  329 

State  normal  115  2G2 

Assistant,  employment  of  4, 41  4,  95 

Association   .- .-. 92  200-201 

Branches  to  teach  88  190 

Certificate- 
County  85-86  186 

Examination  for,  oath,  question,  grades,  sub- 
jects, dates  30,  80-86  74, 177-187 

Granting    certificates    to     immoral     persons, 

penalty  31  75 

High  school  82  179,181 

Kind  80  177 

Life    83  184 

State,  examination  for  83-85  185 

Validated  in  other  counties  83  183 

Colored  institute  95  208 

Dismiss  when  attendance  falls  below  25% 52  119(4) 

Elected  in  consolidated  districts  34  82 

Election  of  41  95 

False  report,  penalty  87-88  189(4)  190 

Giving  or  receiving  aid  in  examination,  penalty..  31  75(4) 
In    graded    districts — appointment — qualification, 

keep  register,  exceptions  69,  70  152, 153 


INDEX 


259 


Teachers— Continued—                                                               Page  Section 

Institute  89-91  191-199 

Legal  holidays,  entitled  4  4 

5,119(3) 

May  suspend  pupil,  power  over — appeals 4,52,88  190(2) 

Must  keep  records  86,  87  188, 189 

Municipalities,  in  65-66  144(5) 

Not  to  lose  time  when  school  suspended 53  120 

Oath  before  examination,  penalty  for  failure  to 

take  30  74 

Pay,  when,  by  whom 22,52  55,117(2) 

Qualification   31  75 

Questions  for,  improper  using,  penalty  31  75(3) 

(52(5) 

Register— report 21,  86-87  j  lgg  Ig9 

Removal  „ 26,  88  65, 190 

Report  children  absent  101  216 

(  105,106, 

Salary,  maximum,  minimum,  schedule  46,87  -j  igo/gx   -jog 

Teach  higher  branches  88  190 

Trustee,  payment  to,  penalty  54  124 

Visit  by  County  Superintendent  _ 20,21  52 (2),  53 

Text  books  for  indigent  children  _ 21  53 

Text  book — See  School  Text  Book  Law. 

Transportation   provided  for  out  of  county  fund 35  86 

Titles  to   lands — Reversionary  interest  47  111 

Town,  village  or  city — See  municipalities. 

Transfer  children  from  one  subdistrict  to  another 36  89 

Trustees— See  subdistrict  trustee,  graded  schools,  uni- 
versity of  Kentucky  and  State  Normal  School. 

Trustees  in  city,  town  or  village — Duty,  penalty 36  90 

Turnpike — No  toll  collected  from  children 49  113(6) 

Uniform  system  to  be  maintained 4  1 

University  of  Kentucky — 

C  331-333,  335, 

Appropriation  135-139, 143, 145  j  353.354,  356 

(  337b,  338, 

Appointment  to  137, 141  j  345 

Acts    140-141  341,  342 

Agriculture  institutes  145  357-360 

Board  of  trustees  129-134  308-328 

Collegiate  period  134  326 

Certificates  139, 143  340,  352 

County  Superintendent,  post  circulars,  penalty 137  338 

Degrees  conferred  132  318 

Dormitory  for  women  135-136  332-334 


260 


INDEX 


University  of  Kentucky — Continued —  Page             Section 

Executive  committee  131  314 

Free  tuition,  to  whom  142  346 

Information  to  County  Superintendent 135  330 

Law   141  343 

Location 129, 142  308,  349 

Medicine   141  344 

Name  129  308 

Teacher,  admission  of  134  329 

Treasurer   _ 133  322 

Vacancy  in  office    of    subdistrict    trustee — Chairman 

division  board— how  filled  39          93 

Vacancy  in  office  of  County  Superintendent 26,  27           67 

Validation  of  certificate  82-83  180-183 

Village,  town  or  city — See  municipalities. 

Visitors  for  colored  school — Election  of,  duties 46  107 

Vote—Women  may  104  221-223 

Water  for  school  house 52  119(2) 

White  and  colored    district — Share    in    railroad    and 

bridge  company  tax  28          71 

White  person  teach  or  attend  colored  school — Penalty  96  210 

Women  vote  in  school   election 104  221-223 

Year — See  school  clay,  etc. 


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